An adopted child recognized in service records is entitled to family pension and terminal benefits.

The applicant claimed to be the adopted son of Late Arati Chakraborty, an Ayah employed in the Divisional Railway Hospital, Lumding. He was allegedly adopted through a registered Deed of Adoption dated 26 February 2001, when he was approximately three years and ten months old. During her lifetime, the deceased employee informed the Railway authorities of the adoption, and, after departmental verification, the applicant’s name was entered as a family member in her service records by memorandum dated 13 August 2007.

After Arati Chakraborty died while in service in 2010, the applicant and her biological daughter sought settlement of her service dues. As the applicant was then a minor, his maternal uncle was appointed as his legal guardian by order dated 28 November 2011. The Railway authorities released the provident fund and insurance amounts but withheld the Death-cum-Retirement Gratuity (DCRG), family pension, and other terminal benefits.

The respondents stated that the adoption deed did not bear the biological father’s signature and that no supporting documents, such as a missing-person report or police report, had been produced. They also contended that a court order was required for the adoption. Further, they relied on the non-vacation of railway accommodation as a ground for withholding DCRG under Rule 16 of the Railway Services (Pension) Rules, 1993.

1. Whether the respondents could deny the applicant family pension and other terminal benefits after having accepted the adoption and entered his name as an adopted son and family member in the deceased employee’s service records.

2. Whether the applicant was entitled to payment of DCRG and other settlement benefits despite the respondents’ objections concerning the adoption documents and non-vacation of railway accommodation.

3. Whether the applicant was entitled to family pension for the period during which he remained eligible under the applicable pension rules.

The Tribunal applied Sub-clause 17 of Clause 103 of the Indian Railway Establishment Code, Volume I, which defines “family” and expressly includes legally adopted children within the expression “legitimate children”.

It also applied Rule 75(19)(b)(iii) of the Railway Services (Pension) Rules, 1993, under which a son below twenty-five years of age is included within the family for purposes of family pension, subject to the rule concerning adoption after retirement.

The Tribunal further considered Rule 16(7) and Rule 16(8) of the Railway Services (Pension) Rules, 1993, which require vacation of railway accommodation and permit withholding of gratuity where such accommodation is not vacated.

The governing administrative-law principle applied was that, after formally accepting the adoption, recording the applicant as a family member, and acting upon that representation, the Railway authorities could not subsequently resile from their own administrative decision without a lawful basis.

The Tribunal found that the Railway authorities had evaluated and accepted the adoption during the lifetime of the deceased employee and had formally entered the applicant’s name in her service book as an adopted son and family member.

Consequently, the respondents could not later question the adoption merely because the biological father’s signature or a separate court order was unavailable, particularly when the authorities themselves had earlier approved the adoption and the adoptive mother was no longer alive to undertake further legal proceedings.

Applying the Railway family-pension provisions, the Tribunal held that the applicant’s status as an adopted child entitled him to treatment equivalent to that of a natural-born child for admissible service and pensionary benefits.

Although the respondents relied on non-vacation of railway accommodation as a ground for withholding DCRG, the Tribunal ultimately directed calculation and payment of DCRG and other terminal benefits to the applicant.

They were also directed to calculate and disburse the DCRG and all other admissible terminal and settlement benefits. The entire exercise was to be completed and the amounts credited within three months from receipt of a certified copy of the order.

The pending miscellaneous application, if any, was disposed of, with no order as to costs.