Case Note & Summary
The case involves a writ petition filed by the Union of India, represented by the General Manager, Southern Railway, and other railway officials, challenging an order dated 10.02.2023 passed by the Central Administrative Tribunal, Madras Bench, in O.A.No.1110 of 2021. The second respondent, Mrs. G. Sundari, had applied for family pension as a divorced daughter. Her first application dated 24.04.2018 was rejected on 15.11.2018 on the ground of ineligibility, and that order remained unchallenged. A second application was filed on 30.01.2024 (likely a typo for 2020 or 2021) and rejected on 02.04.2021. The second respondent challenged only the second rejection before the Tribunal. However, the Tribunal suo moto quashed both rejection orders dated 15.11.2018 and 02.04.2021, leading to the present writ petition. The core legal issue is whether the second respondent is eligible for family pension under the category of divorced daughter as per the Government of India Office Memorandum dated 19.07.2017. The Office Memorandum, particularly Clause 4, states that a divorced daughter is eligible for family pension if a decree of divorce has been issued by a competent court during the lifetime of at least one of the parents. The court examined the relevant dates: the father died on 11.10.1995, the mother died on 10.10.2017, and the divorce decree was obtained on 19.10.2017, after the death of both parents. Thus, the second respondent did not fulfill the condition of having a divorce decree during the lifetime of at least one parent. The court held that the Tribunal exceeded its jurisdiction by suo moto quashing the first rejection order which was not challenged. The court set aside the Tribunal's order and remanded the matter for fresh consideration, directing the Tribunal to decide the original application on merits in accordance with law, without being influenced by the observations made in the writ petition. The writ petition was allowed.
Headnote
A) Family Pension - Divorced Daughter Eligibility - Office Memorandum dated 19.07.2017 - A divorced daughter is eligible for family pension if a decree of divorce has been issued by a competent court during the lifetime of at least one of the parents. The court examined the relevant dates and found that the second respondent's divorce decree was obtained after the death of both parents, thus she did not fulfill the condition. The Central Administrative Tribunal had suo moto quashed rejection orders, but the High Court set aside the Tribunal's order and remanded the matter for fresh consideration. (Paras 4-8)
Issue of Consideration
Whether the second respondent is eligible for family pension under the category of divorced daughter as per the Government of India Office Memorandum dated 19.07.2017.
Final Decision
The High Court allowed the writ petition, set aside the order of the Central Administrative Tribunal dated 10.02.2023, and remanded the matter back to the Tribunal for fresh consideration of the original application on merits in accordance with law, without being influenced by the observations made in the writ petition. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Family pension eligibility for divorced daughter
- Decree of divorce during lifetime of at least one parent
- Office Memorandum dated 19.07.2017
- Central Administrative Tribunal suo moto quashing rejection orders
- Writ of Certiorari
Case Details
2025 LawText (MAD) (01) 446
W.P.No.20478 of 2023 and W.M.P.No.19870 of 2023
S.M. Subramaniam, M. Jothiraman
Mr. S. Girissh for Mr. M. Karthikeyan (for petitioners), Mrs. R. Jaya for Mr. V. Chinnasamy (for R2)
Union of India, Rep. by the General Manager, Southern Railway, Park Town, Chennai 600 003; The Chief Workshop Manager, Loco Works, Southern Railways, Ayanavaram, Chennai – 600 023; The Assistant Personal, O/o. The Chief Workshop Manager, Loco Works, Southern Railways, Ayanavaram, Chennai – 600 023
The Registrar, Central Administrative Tribunal, Madras Bench High Court Buildings, Chennai – 104; Mrs. G. Sundari
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India challenging an order of the Central Administrative Tribunal.
Remedy Sought
The petitioners (Union of India and railway officials) sought issuance of a Writ of Certiorari to quash the Tribunal's order dated 10.02.2023 in OA 1110/2021.
Filing Reason
The Central Administrative Tribunal suo moto quashed two rejection orders regarding family pension for a divorced daughter, which the petitioners contended was beyond jurisdiction and erroneous.
Previous Decisions
The second respondent's first application for family pension was rejected on 15.11.2018 (unchallenged). Second application rejected on 02.04.2021, which was challenged before the Tribunal. The Tribunal suo moto quashed both rejection orders.
Issues
Whether the second respondent is eligible for family pension under the category of divorced daughter as per the Office Memorandum dated 19.07.2017.
Whether the Central Administrative Tribunal acted within its jurisdiction by suo moto quashing the rejection order dated 15.11.2018 which was not challenged.
Submissions/Arguments
The petitioners argued that the second respondent did not fulfill the condition of having a divorce decree during the lifetime of at least one parent, as required by the Office Memorandum.
The second respondent contended that she was entitled to family pension as a divorced daughter.
Ratio Decidendi
A divorced daughter is eligible for family pension under the Office Memorandum dated 19.07.2017 only if a decree of divorce has been issued by a competent court during the lifetime of at least one of the parents. In this case, the divorce decree was obtained after the death of both parents, so the condition was not satisfied. The Tribunal exceeded its jurisdiction by suo moto quashing an unchallenged rejection order.
Judgment Excerpts
Under assail is the order dated 10.02.2023 passed in O.A.No.1110 of 2020.
A divorced daughter is eligible for grant of family pension pursuant to the office memorandum issued by the Government of India, Ministry of Personnel Grievances and Pensions, Department of Pension and Pensioners' Welfare dated 19.07.2017.
Clause 4 of the office memorandum reads as under: '...a daughter if eligible...may be granted family pension provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and still on the date her turn to receive family pension comes. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.'
The father died on 11.10.1995, the mother died on 10.10.2017, and the divorce decree was obtained on 19.10.2017, after the death of both parents.
Procedural History
The second respondent filed an application for family pension on 24.04.2018, rejected on 15.11.2018 (unchallenged). Second application filed on 30.01.2024 (likely typo for 2020/2021), rejected on 02.04.2021. Challenged before CAT in OA 1110/2021. CAT suo moto quashed both rejection orders on 10.02.2023. Union of India filed W.P.No.20478 of 2023 before the Madras High Court, which allowed the writ petition and remanded the matter on 27.01.2025.
Acts & Sections
- Constitution of India: Article 226
