ups_00479 — As the case of the Applicant's divorce from her husband was after the death of Applicant's father and her mother died earlier, there is no provision in the rule for grant of family pension to the Applicant herein. Hence the OA is rejected

As the case of the Applicant's divorce from her husband was after the death of Applicant's father and her mother died earlier, there is no provision in the rule for grant of family pension to the Applicant herein. Hence the OA is rejected — The given chunk pertains to an Original Application (OA No. 43 of 2018) filed by a divorced daughter seeking family pension after her father's death. The father, a retired Railway employee, passed aw... — Facts : Applicant is the daughter of Late Nrusingha Rout who was a Railway employee and retired on 31-1-2001. Railway employee died on 25-3-2016. Hence daughter of the Railway employee, Applicant herein who is a divorcee, divorced after her father's death, prays for family pension to her due to the death of her father. Earlier she filed an OA which was disposed of directing her to approach the department and advising the department to deal her case as per rule. That request by her is dismissed. Hence the present OA is filed to quash that rejection Order, dated 3-1-2018 (A/11) and grant the Applicant family pension with effect from April, 2016 with arrears. It is enough if the short analysis of the Tribunal is noted. Railway Board adopted DoP&T, OM, dated 19-7-2017 for grant of family pension vide RBE No. 102/2017 which is reproduced. "In that matter, the Railway Board has observed that family pension to a divorced daughter in such cases where the divorce proceedings had been filed in a Competent Court during the lifetime of the employee / pensioner or his / her spouse but divorce took place after their death, provided the claimant fulfils all other conditions for grant of family pension under Rule 54 of the CCS (Pension) Rules, 1972, the family pension will commence from the date of divorce". The judgment then examined the status of the petitioner at the time of her father's death and other required details and considered this case as per details obtained by the Respondents. At the time of superannuation of the deceased, Applicant's father in the year 2001, did not show the Applicant as one of the family members. Mutual divorce petition of the Applicant and her husband was filed in the Competent Court on 24-6-2016 as per Para. 3 of the judgment of the family court, dated 27-4-2017, a copy of which is enclosed by the Applicant at A/7 of the OA. "At the time of the death of Applicant's father, Applicant was not a divorcee and no divorce petition was pending before the Competent Court". Divorce of the Applicant was granted by family court on 27-4-2017 as per Ann. A/7. Applicant was not divorced when her father expired on 25-3-2016. Hence as per provisions of DoP&T, OM, dated 11-9-2013, Railway Board Circular, dated 26-9-2013 enclosed at A/3, the Applicant is not eligible for family pension.