Case Note & Summary
The Union of India, represented by Southern Railways, filed a writ petition under Article 226 of the Constitution of India challenging the order of the Central Administrative Tribunal, Chennai Bench, dated 08.09.2022 in O.A.No.838 of 2021. The Tribunal had allowed the original application filed by the second respondent, Uma Maheswari, the widowed daughter of late V.Subramanian, a retired Personal Assistant to the Chief Track Engineer, Southern Railway, who died on 22.11.2016. The second respondent's mother predeceased her husband on 31.12.1987, and the second respondent's husband died on 01.05.2007. The Railways rejected her claim for family pension vide letter dated 13.03.2020 on the ground that she had regular income more than the minimum pension of Rs.9,000/- plus dearness relief. The Tribunal, however, granted family pension without considering this ground. The High Court examined the Family Pension Scheme applicable to widowed daughters of railway employees, which provides that family pension is granted if the widowed daughter does not have a regular income exceeding the minimum pension of Rs.9,000/- plus dearness allowance. Pursuant to directions from the court, the Railways conducted a verification and filed a sworn affidavit by the Deputy Chief Personnel Officer/Industrial Relations and Welfare, stating that in terms of Explanation 4 under Rule 75(6) of the Railway Services (Pension) Rules, 1993, a member of the family is eligible for family pension if the income is less than the prescribed limit. The affidavit confirmed that the second respondent's income was less than the minimum pension plus dearness relief. The court noted that the Railways had not considered this verification earlier. The court held that the Tribunal's order was correct and dismissed the writ petition, directing the Railways to pay family pension to the second respondent from the date of death of the employee, with arrears to be paid within eight weeks.
Headnote
A) Service Law - Family Pension - Widowed Daughter - Eligibility - Income Threshold - Railway Services (Pension) Rules, 1993, Rule 75(6) Explanation 4 - The issue was whether the widowed daughter of a deceased railway employee was entitled to family pension. The court held that the widowed daughter is eligible if her regular income is not more than the minimum pension of Rs.9,000/- plus dearness relief. Verification by the railway authorities confirmed that the widowed daughter's income was below the threshold, and thus the Tribunal's order granting family pension was upheld. (Paras 4-6) B) Service Law - Family Pension - Verification of Income - Duty of Employer - Railway Services (Pension) Rules, 1993 - The court directed the railway authorities to verify the income of the widowed daughter. After verification, a sworn affidavit was filed confirming that her income was less than the prescribed limit. The court held that the verification was proper and the widowed daughter was entitled to family pension. (Paras 5-6)
Issue of Consideration
Whether the widowed daughter of a deceased railway employee is entitled to family pension when her income is less than the minimum pension of Rs.9,000/- plus dearness relief as on the date of death of the employee.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Central Administrative Tribunal. The court directed the Railways to pay family pension to the second respondent from the date of death of the employee (22.11.2016) and to pay arrears within eight weeks.
Law Points
- Family pension eligibility for widowed daughter
- income threshold of minimum pension plus dearness relief
- verification of income by authorities
- Railway Services (Pension) Rules
- 1993 Rule 75(6) Explanation 4
