ups_00481 — Family pension to the Applicant due to the death of her mother who was employed on compassionate ground as a labourer in the Ordnance Factory at Ambazari is not permissible as she became a widow after the death of her mother and hence she cannot be said to be dependent on her mother. Only dependent employee at the time of death of the earning member of the family can be considered for family pension i.e. only unmarried / divorced / widowed daughter is eligible for family pension, provided she wa

UPS

Family pension to the Applicant due to the death of her mother who was employed on compassionate ground as a labourer in the Ordnance Factory at Ambazari is not permissible as she became a widow after the death of her mother and hence she cannot be said to be dependent on her mother. Only dependent employee at the time of death of the earning member of the family can be considered for family pension i.e. only unmarried / divorced / widowed daughter is eligible for family pension, provided she was dependent on the employee at the time of his/her death. In view of the above, the grant of family pension to the Applicant cannot be granted — The given chunk concerns an appeal (O.A. No. 2222 of 2016) seeking family pension due to the death of a woman's mother, who was employed in Ordnance Factory at Ambazari on compassionate ground as a l... — Facts: The Applicant herein who claims to be widowed daughter of deceased employee Late Shri. Anandarao Jairam Ambulkar who was working as Watchman with R-2, Ordnance Factory, Defence Factory at Ambazari approached the Tribunal for family pension by setting aside the letter, dated 19-3-2016 (Annexure A-1) which is a reply to her request for family pension due to the death of her mother on 12-6-2015 on whom she was depending for survival due to the death of her husband. She states that her husband died on 2-2-2016 and the Applicant's mother preceded him on 13-6-2015. In Para. 5 of the OA, she took three grounds - 5.1, 5.2 and 5.3 for grant of family pension to her. Respondents by common reply, dated 12-4-2017 rejected her claim for family pension. The Respondents relying on DoP&T's OM, dated 11-9-2013 under the caption "Eligibility of widowed / divorced daughter for grant of family pension — Clarification regarding" particularly Clause-4 thereof denied the family pension to the Applicant. Said Para. 4 is reproduced in the judgment. The operative portion underlined in Para. 4 states “Family pension to a widowed / divorced daughter is payable, provided she fulfils all eligibility conditions at the time of death / ineligibility of her parents and on the date her turn to receive family pension comes”. Death certificates of death of Applicant's husband and mother is also produced, so also the reliance on the order of CAT in O.A. No. 200/00314/2014, Smt. Sandhya Sharma v. Union of India and others. Applicant states that the OA is taken in which as stated by the Applicant similar issue was involved and relief declined. After hearing both sides, the Tribunal observed that “the only controversy involved for resolution of this Tribunal in the present OA is, whether the impugned Order, dated 19-3-2016. (A-1) passed by the Respondents is illegal, improper or incorrect and hence is liable to be set aside and consequently the Applicant is entitled to reliefs sought”. Date of death of the Applicant's father, mother and husband are not disputed by the Applicant. But date of death of her husband had not been mentioned deliberately. Admittedly, the Applicant's mother predeceased the death of Applicant's husband with whom the Applicant was residing on 2-2-2016. Mother of the Applicant died on 13-6-2015. Hence at the time of death of her husband, the Applicant was not solely dependent on her mother nor she was then widow, as her husband being alive. “Clause 4 of DoP&T OM, dated 1-9-2013 states that dependency of eligible family member at the time of the employee needs to be considered which is vital”. Married daughter as per Pension Rules is not entitled to family pension. It is only unmarried / divorced / widowed daughter who is eligible to get family pension, provided she was dependent on the employee at the time of his / her death.

UPS

Family pension to the Applicant due to the death of her mother who was employed on compassionate ground as a labourer in the Ordnance Factory at Ambazari is not permissible as she became a widow after the death of her mother and hence she cannot be said to be dependent on her mother. Only dependent employee at the time of death of the earning member of the family can be considered for family pension i.e. only unmarried / divorced / widowed daughter is eligible for family pension, provided she was dependent on the employee at the time of his/her death. In view of the above, the grant of family pension to the Applicant cannot be granted — The given chunk concerns an appeal (O.A. No. 2222 of 2016) seeking family pension due to the death of a woman's mother, who was employed in Ordnance Factory at Ambazari on compassionate ground as a l... — Facts: The Applicant herein who claims to be widowed daughter of deceased employee Late Shri. Anandarao Jairam Ambulkar who was working as Watchman with R-2, Ordnance Factory, Defence Factory at Ambazari approached the Tribunal for family pension by setting aside the letter, dated 19-3-2016 (Annexure A-1) which is a reply to her request for family pension due to the death of her mother on 12-6-2015 on whom she was depending for survival due to the death of her husband. She states that her husband died on 2-2-2016 and the Applicant's mother preceded him on 13-6-2015. In Para. 5 of the OA, she took three grounds - 5.1, 5.2 and 5.3 for grant of family pension to her. Respondents by common reply, dated 12-4-2017 rejected her claim for family pension. The Respondents relying on DoP&T's OM, dated 11-9-2013 under the caption "Eligibility of widowed / divorced daughter for grant of family pension — Clarification regarding" particularly Clause-4 thereof denied the family pension to the Applicant. Said Para. 4 is reproduced in the judgment. The operative portion underlined in Para. 4 states “Family pension to a widowed / divorced daughter is payable, provided she fulfils all eligibility conditions at the time of death / ineligibility of her parents and on the date her turn to receive family pension comes”. Death certificates of death of Applicant's husband and mother is also produced, so also the reliance on the order of CAT in O.A. No. 200/00314/2014, Smt. Sandhya Sharma v. Union of India and others. Applicant states that the OA is taken in which as stated by the Applicant similar issue was involved and relief declined. After hearing both sides, the Tribunal observed that “the only controversy involved for resolution of this Tribunal in the present OA is, whether the impugned Order, dated 19-3-2016. (A-1) passed by the Respondents is illegal, improper or incorrect and hence is liable to be set aside and consequently the Applicant is entitled to reliefs sought”. Date of death of the Applicant's father, mother and husband are not disputed by the Applicant. But date of death of her husband had not been mentioned deliberately. Admittedly, the Applicant's mother predeceased the death of Applicant's husband with whom the Applicant was residing on 2-2-2016. Mother of the Applicant died on 13-6-2015. Hence at the time of death of her husband, the Applicant was not solely dependent on her mother nor she was then widow, as her husband being alive. “Clause 4 of DoP&T OM, dated 1-9-2013 states that dependency of eligible family member at the time of the employee needs to be considered which is vital”. Married daughter as per Pension Rules is not entitled to family pension. It is only unmarried / divorced / widowed daughter who is eligible to get family pension, provided she was dependent on the employee at the time of his / her death.

Original Rule Text

Original Rule Text