Dependent mother has priority over father for family pension of a deceased unmarried railway employee.

Late Satish Kumar Singh, the applicant’s unmarried son, was appointed as a Helper Khalasi in the Western Railway and subsequently joined as a Technician Track Machine in the Northern Railway on 14 July 2020.

He died while in service on 18 August 2020, and his death certificate was issued on 7 September 2020.

The applicant claimed family pension and terminal benefits as the deceased employee’s mother.

Despite representations dated 28 October 2020, 31 May 2024 and other requests, the respondents did not issue a pension payment order or release family pension.

The respondents opposed the claim on the ground that the deceased’s father was alive and, under paragraph 2(C) of the Railway Servants Pass Rules, 1986, the mother could not be treated as a dependent for family-pension purposes.

The applicant relied upon Railway Board Authority No. 37 of 2021 dated 5 July 2021.

Whether the applicant, being the mother of an unmarried railway employee who died in service, was entitled to family pension notwithstanding that the deceased employee’s father was alive?

Whether the respondents’ reliance on paragraph 2(C) of the Railway Servants Pass Rules, 1986 was sustainable against the provisions governing family pension and the Railway Board’s instructions?

Whether the applicant was entitled to release of family pension and consequential arrears, with interest for delay?

The Tribunal applied Rule 50(10) of the Railway Services (Pension) Rules, 2026, stated to be analogous to the corresponding provision of the earlier Railway Services (Pension) Rules, 1993.

Under Rule 50(10)(a), where a deceased railway servant is not survived by a widow, widower or eligible child, family pension is payable for life to dependent parents.

Rule 50(10)(b) provides that, where family pension is admissible to parents, it is payable to the mother, failing which to the father.

Under the Explanation, parents are deemed dependent where their combined income is below the minimum family pension and applicable dearness relief; Rule 50(10)(c) requires an annual certificate regarding continued non-earning.

The Tribunal also relied on Railway Board Authority No. 37 of 2021 and the DoPT Office Memorandum dated 21 July 1999.

Paragraph 2(C) of the Railway Servants Pass Rules, 1986 could not govern entitlement to family pension.

The deceased employee was unmarried and had died during service, and there was no assertion that a widow, widower or eligible child survived him.

Accordingly, the statutory scheme relating to dependent parents became applicable.

The Tribunal held that the respondents had incorrectly treated the father’s survival as an automatic bar to the mother’s entitlement.

Rule 50(10)(b) expressly gives preference to the mother where family pension is admissible to parents, with the father becoming eligible only in the mother’s absence or failure of entitlement.

Therefore, the respondents’ reliance on the Railway Servants Pass Rules, 1986 was misplaced, and the applicant’s claim had to be considered under the Railway Services (Pension) Rules and the applicable Railway Board instructions.

The Tribunal consequently directed the competent authority to examine and release the family pension in accordance with those provisions.

The competent authority among the respondents was directed to pass necessary orders for release of family pension to the applicant in light of the Tribunal’s findings, within three months from receipt of the certified copy of the order.

In case of failure, the payable amount would carry interest at the GPF rate.

The associated miscellaneous applications were disposed of and no order as to costs was made.