YEGURU GAYATHRI vs WATER RESOURCES

CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 180/00485/2025

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Friday, this the 30 day of October, 2026.
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER
Yeguru Gayathri, Aged 35 years,
W/o Late Shri Janardhan Atmakuru,
Thogatapalem, Chandrapdia, Nellore,
Andhra Pradesh-524 228
- Applicant
[By Advocates : Ms. Maitreyi Sachidananda Hegde, Ms. Anjali Anil A,
Ms. Radhika Prasad ]
V e r s u s
1. Union of India, represented by Secretary to the
Government of India, Ministry of Jal Shakti,
Department of Water Resources,
Government of India, CR Section, Room no 224,
Shram Shakti Bhawan, Rafi Marg, New Delhi - 110 001
2. The Executive Engineer, South Western Rivers Division,
Central Water Commission, Jaldhara, D.No. 27/1972- A,
Kasturba Nagar, Kadavanthara, Kochi – 682 020
3. The Pay and Accounts Officer, Pay and Accounts Section,
CWC, Sewa Bhavan, RK Puram, New Delhi-110 066
4. Deleted vide order dated 30.10.2026 in M.A/180/1014/2026.
5. Deleted vide order dated 30.10.2026 in M.A/180/1014/2026.

- Respondents

[By Advocate : Mr. M.N Manmadan, SCGSC]
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The Original Application having been heard on 30.10.2026, the
Tribunal on the same day delivered the following:
O R D E R (Oral):-
Justice K. Haripal, Judicial Member
Applicant is the widow of late Janardhan Atmakuru, who was
employed as Senior Research Assistant in the South Western Rivers
Division, Central Water Commission, Kochi under the second respondent.
He passed away on 02.05.2024. The applicant is aggrieved by non-granting
of family pension to her, as the widow and also non disbursement of other
retiral benefits like death gratuity and other terminal benefits.
2. According to the applicant, as provided under Rule 54 (6) of
the CCS (Pension) Rules, 1972, being the widow, she is the rightful
beneficiary of family pension till her death or re-marriage, followed by the
child. She has to be preferred over the parents of the deceased. Parents
are entilted to get the benefits, if the spouse or child is not surviving. The
applicant has not renounced her claim nor is disqualified to get family
pension.
3. The respondents have explicitly acknowledged her eligibility
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for family pension. However, on the ground that the parents of the
deceased, who were impleaded as respondent nos. 4 and 5 did not give,
'No Objection Certificate', the respondents are denying her rightful claims.
She has placed reliance on the decision in Parukutty Ammal vs Financial
Advisor & Chief Accounts Officer and others [(2016) SCC OnLine 3969],
Smt. Poonamal v. Union of India [(1985) 3 SCC 345], to support her
contentions. The applicant contends that the respondents 1 to 3 are not
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justified in insisting NOC from the 4 respondent, which is not in tune with
the statutory provisions. Thus the following reliefs are sought :-
(i) Set aside Annexure A9, Annexure A12, and Annexure
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A13, which insisted on producing NOC from the 4
respondent in violation of Rule 54(6) read with Form 14 of
the Central Civil Services (Pension) Rules, 1972 as unjust,
illegal and arbitrary;
(ii) Declare that the applicant is entitled to the family
pension, death gratuity, and all the terminal benefits on the
demise of her husband.
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(iii) Direct the 2 and 3 respondent to disburse family
pension, death gratuity and all the terminal benefits to the
applicant.
4. The Tribunal did not issue notice to the respondents 4 and 5.
Respondents 1 to 3 filed reply statement. They did not deny the status of
the applicant, as wife of the deceased. He had passed away on 02.05.2024
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while employed under the second respondent. Annexure R1 (C), family
composition shows that the applicant is his wife. Similarly, it is shown that
he had given nominations for DCRG etc. in favour of the fourth respondent
- mother. It is also evident from records that a male child was born to the
couple on 30.10.2023. There are also reasons to think that there are
disputes between the applicant and her in laws, after the death of her
husband.
5. Now we are concerned about the grant of family pension to
the widow. It is a statutory right, as enjoined under Rule 50 (6) of the CCS
(Pension) Rules 2021, which is applicable in the case. As mentioned earlier,
the status of the applicant as the widow of the deceased is not in dispute.
Similarly, no one has a case that she has married after the death of the
husband. In the circumstances, as far as claim for family pension is
concerned, objection of the parents of the deceased is totally irrelevant.
6. It is the settled proposition of law that Rules do not provide for
any nomination with regard to family pension. No other person except
those designated under the Rules are entitled to receive family pension. It
does not form part of the estate of the deceased and the spouse alone can
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claim the same. (See the decision in Smt. Violet Issaac and others v. Union
of India and others [(1991) 1 SCC 725].
7. Similarly, in the decision reported in Jodh Singh v. Union of
India and another [(1980) 4 SCC 306], it is held thus :-
“ 10. Where a certain benefit is admissible on
account of status and a status that is acquired on the
happening of certain event, namely, on becoming a
widow on the death of the husband, such pension by
no stretch of imagination could ever form part of the
estate of the deceased. If it did not form part of the
estate of the deceased it could never be the subject-
matter of testamentary disposition.”
That means, the parents of the deceased have no say in the matter of
grant of family pension to the widow. Since the status of the applicant is
beyond dispute, the respondents are directed to release the same within
a period of 60 days from the date of receipt of a copy of this order,
subject to the production of all necessary documents as per law. In other
words, NOC or consent from the parents cannot be insisted by
respondents 1 to 3 for processing the claim for family pension.
8. Regarding the release of DCRG and other retiral benefits,
which are the estate of the deceased, devolution of the same will be
subject to the provisions of the personal law of the deceased. It appears
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that the parties are Hindus governed by the Hindu Succession Act. Here
the nomination in respect of the DCRG etc is in favour of the mother. At
the same time, she is only a trustee as the nominee and she cannot
appropriate the same fully, without sharing it among the legal heirs.
9. That means, the other retiral benefits shall be released subject
to the production of documents based on Section 8 of the Hindu
Succession Act.
10. Original Application is disposed of, as above. No costs.
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(Dated, 30 October, 2026)
BRAJ MOHAN AGRAWAL JUSTICE K. HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
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List of Annexures in O.A No. 485/2025
Annexure A1: A true copy of the letter dated 07.05.2024 bearing No.
SWRD/Adm-1/PF/2020/798-805 sent by the Executive Engineer to the Chief
Engineer, Central Water Commission, Bangalore.
Annexure A2: A true copy of the letter No. SWRD/ADM-1/PF-231/2018/855
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dated 20.05.2024 issued by the 2 respondent to the applicant.
Annexure A3: A true copy of the letter No. SWRD/ADM-1/PF-231/2018/856
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dated 20.05.2024 issued by the 2 respondent.
Annexure A4: A true copy of the letter No. SWRD/ADM-1/PF-
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231/2018/1347-48 dated 17.07.2024 issued by the 2 respondent to the
applicant
Annexure A5: A true copy of the Office Order No. SWRD/ADM-1/PF-
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231/2018/1345-46 dated 17.07.2024 issued by the office of the 2 respondent.
Annexure A6: A true copy of the letter No. SWRD/Adm-I/PF-
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231/2018/1277-80 dated 31.08.2024 issued by the 2 respondent to the
applicant.
Annexure A7: A true copy of the office order No. SWRD/Admn-I/PF-
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231/2018/1733-41 dated 19.09.2024 issued by the office of the 2 respondent
Annexure A8: A true copy of the legal notice dated 09.01.2025 sent to the
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2 , 3 , 4 and 5 respondent through Adv. Mr. M Sundaraiah Yadav.
Annexure A9: A true copy of the letter No. WR/PAO/CWC/NPS/2024-
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2025/466 dated 27.01.2025 issued by Assistant Accounts Officer to the 2
respondent with typed Copy.
Annexure A10: A true copy of the letter No. SWRD/ADM-1/PF-
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231/2018/264-68 dated 15.02.2025 issued by the 2 respondent to the
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applicant and the 4 respondent.
Annexure A11: A copy of the letter No. SWRD/Adm-I/PF-231/2018/417-21
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dated 21.03.2025 issued by the 2 respondent to the applicant and the 4
respondent
Annexure A12: A true copy of the letter No. SWRD/Adm-I/PF-231/2018/500-
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04 dated 23.04.2025 issued by the 2 respondent to the applicant.
Annexure A13: A true copy of the letter No. SWRD/Adm-I/PF-231/2018/940-
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44 dated 20.06.2025 issued by the 2 respondent to the 4 respondent.
Annexure A14: copies of the relevant pages of the Central Civil Services
(Pension) Rules 1972 available in the link http://cag.gov.in/uploads/media/CCS-
Pension-Rules-1972-as-from-DoP-website-20 20071765308.pdf
Annexure-R1(A): True copy of the NOC dated 03.05.2024 issued by
Thrikkakara Police Station, Kochi along with death certificate issued by
Thrikkakara Municipality.
Annexure-R1(B):- True copy of option form 1 in r/o Late Shri Janardhan
Atmakuru, SRA dated 24.08.2023 to avail benefits in case of death or discharge
on invalidation or disability of Government servant/subscriber during service
Annexure-R1(C):- True copy of Form 2- Details of family, submitted by Late Shri
Janardhan Atmakuru, SRA as on 24.08.2023
Annexure R1(D):- True copy of nomination dated 24.03.2018 in respect of his
mother for the benefits under DCRG & CGEGIS as available in the service book of
Late Shri Janardhan Atmakuru, SRA
Annexure R1(E):- True copy of letter for processing the family pension claim
was intitiated by this office vide letter No. SWRD/ADM-1/PF-231/2018/855 dated
20.05.2024.
Annexure R1(F): True copy of Notice issued by Adv. Veerendra dated
26.07.2024
Annexure R1(G):- True copy of letter dated 25.09.2024 received from Smt.
Yeguru Gayathri
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Annexure R1(H):- True copy of letter forwarding the pension case to PAO, CWC
vide No.SWRD/Adm-1/PF-231/2018/1915 dated 19.10.2024
Annexure R1(I):- True copy of letter No. WR/PAO/CWC/NPS/2024-25/466
received from PAO, CWC dated 27.01.2025
Annexure R1(J):- True copy of this office letter No. SWRD/ADM-1/dated PF-
231/2018/264-68 dated 15.02.2025 issued to both Smt. Yeguru Gayathri and
Smt. Atmakuru Jayamma
Annexure R1(K):- True copy of this office letter No. SWRD/Adm-1/PF-
231/2018/417-21 dated 21.03.2025 sent as reminder
Annexure R1 (L): True copy of this office letter No. SWRD/Adm-1/PF-
231/2018/500-04 dated 23.04.2025 sent as reminder
Annexure R1(M): True copy of this office letter No. SWRD/Adm-1/PF-
231/2018/940-44 dated 20.06.2025 sent as reminder
Annexure R1(N): True copy of the office letter No. SWRD/Adm-I/PF/2020/798-
805 dated 07.05.2024 addressed to Superintending Engineer, CSRC, CWC,
Bangalore with copy to Chief Engineer, CSRO, CWC, Coimbatore.
Annexure R1(0):- True copy of the office letter No. SWRD/Adm-
II/PF/2022/1257 dated 08.07.2024 issued to Smt. Atmakuru Jayamma
Annexure R 1(P):- True copy of the office letter No. SWRD/ADM-1/PF-
231/2018/1343-44 dated 17.07.2024 issued to Smt.Atmakuru Jayamma
*
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