ups_00473 — Rule 54 of CCS (Pension) Rules does not require consideration of a widowed daughter's sons' income, especially when the sons live separately and do not support her

Rule 54 of CCS (Pension) Rules does not require consideration of a widowed daughter's sons' income, especially when the sons live separately and do not support her — [Part 2/2] Summary This chunk discusses a dispute regarding family pension eligibility for an applicant who was employed in the private sector, unmarried, and working as a clerk in SBI. The applicant... — Facts: Shri Dhaniram Paiku Gadpaile, served in Ordnance Factory, Ambajhari, Nagpur and died on 15-7-1991. His widow, Smt. Sakubai Dhaniram Gadpaile, received family pension until her death on 6-8-2018. The Applicant, a widowed daughter whose husband died on 8-2-2015, thereafter returned to her parental home and resided with her mother without any source of income. In 2015, the Applicant's mother submitted documents to the authorities confirming that the Applicant was wholly dependent on her and requesting that family pension be granted to the Applicant after her demise. Following her mother's death, the Applicant applied for family pension on 24-8-2018. The Respondent sought several documents, which the Applicant submitted, including a certificate from SBI confirming that she was never shown as dependent on her youngest son, who was employed there. Despite this, the Respondent rejected her claim on 20-7-2020, stating that she was not dependent on her father and that her sons were earning at the time of her husband's death. The Applicant submitted an appeal stating that dependency must be assessed on the date of death of the pensioner's spouse, as per OM, dated 19-7-2017. But her claim was again rejected on the ground that she had two sons who were earning members and they were earning more than ₹ 60,000 p.m. and hence she could not claim that she was wholly dependent on her mother on 6-8-2018, the date of death of her mother. Aggrieved by the same, the Applicant filed the present OA. The Respondents contested the OA stating that the Applicant, Smt. Geeta S. Dongre, had suppressed crucial facts while seeking family pension after the death of her mother, Smt. Sakubai Gadpaile, the original family pensioner. Although the Applicant submitted Form 14 and claimed that she was dependent on her mother, the spot verification revealed that she has two adult sons who are gainfully employed. One son, Prashenjit Dongre (34) works in SBI earning about ₹ 50,000 per month, while her elder son, Abhijit S. Dongre (37), is employed in a private firm. As per Government of India guidelines, a widowed daughter above 25 years can receive family pension only if she was dependent on the deceased parent at the time of their death. The Respondents argued that the Applicant cannot be treated as dependant because she has earning children and was married long before her father's death in 1991. They further stated that at the time of her mother's death in 2018, both sons were earning members, and hence the Applicant was not financially dependent on her mother. The claim was therefore rejected through letter, dated 20-7-2020. They also submitted that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Applicant's sons are obligated to maintain her. The Applicant, in her rejoinder, submitted that she never hid information about having two children or living separately. After her husband died in 2015, she lived with her mother as a dependent widowed daughter, while her children stayed with their paternal grandparents. Her mother had also informed the authorities through an affidavit that the Applicant should receive family pension after her death. Respondent No. 3 also verified the Applicant's dependency by contacting SBI, the employer of her son, and asked for a dependency certificate. The SBI certificate, dated 13-8-2019 did not show the Applicant as a dependant, which, according to her, disproves the allegation of suppression. The Applicant further contended that the OMs regarding family pension for widowed daughters require assessing only two factors:

(i) whether her own income exceeded the minimum family pension plus dearness relief, and

(ii) whether she was a dependent family member at her mother's death, as per OM, dated 19-7-2017. She further asserted that the Respondents ought not to have taken into consideration the income of children of the Applicant who have not been supporting the Applicant since the death of her husband on 8-2-2015. The Respondents submitted a confidential letter, dated 19-7-2019 stating that the Applicant, Smt. Geeta S. Dongre, is the widow of late Shri Suranjan Dongre who died on 8-2-2015. She filed an affidavit in July 2019 declaring that she has two adult sons-Abhijeet, aged 37, married and employed in the private sector, and Prasenjeet, aged 34, unmarried and working as a clerk in SBI. As per the income certificate issued by the Naib Tahsildar for 2018–19, the Applicant's annual income was ₹ 50,000. She affirmed that she was fully dependent on her late mother, Smt. Sakubai Gadpaile and resided with her at Nagpur, while both sons lived separately at their respective places of employment. SBI later certified that Prasenjeet had never declared his mother as a dependant since his appointment. During the hearing, the Applicant submitted an affidavit explaining that her husband had low income, her in-laws were farm labourers and after his death in 2015 she lived solely with her mother and was fully dependent on her mother's pension, as her sons were not staying with or supporting her. The Respondents relied on DoP&T OMs which stipulate that family pension is granted only to children who are dependent on the Government servant or spouse, defined as earning less than the minimum family pension plus DA. The Hon'ble Tribunal examined the submissions, pleadings, and documents. It is undisputed that the Applicant's mother, late Smt. Sakubai Gadpaile, had informed the authorities on 23-10-2015 that the Applicant, a widowed daughter whose husband died in February 2015, was fully dependent on her and residing with her. She had requested inclusion of the Applicant's name in the records to ensure authorization of family pension after her own death, submitting an affidavit and supporting documents. Despite clear Government instructions under various DoP&T OMs (1993, 1999, 2010) permitting inclusion of names of widowed daughters in PPOs even after issue of the original PPO, and despite the mother's written intimation, the Respondents took no action for nearly three years. Their rejection was based mainly on the earnings of the Applicant's sons. However, the Tribunal held that Rule 54 of CCS (Pension) Rules does not require consideration of a widowed daughter's sons' income, especially when the sons live separately and do not support her. Evidence, including SBI's certification, showed that the Applicant lived alone and remained dependent on her mother.