Direction to decide widowed daughter's family pension claim by passing a reasoned and speaking order.

The applicant’s father, Late Mangal Prasad, a retired Fitter-I of North Central Railway, died on October 8, 2015, following which his widow, Smt. Jashoda, received a family pension

The applicant became a widow on July 18, 2021, and was dependent on her mother

Following Smt. Jashoda’s death on April 24, 2024, the applicant applied for a family pension as a widowed daughter

Her claim was complicated by a competing claim from her elder sister (Respondent No. 5), who obtained a divorce decree on August 5, 2024, subsequent to their mother’s death

Despite submitting a representation on September 15, 2025, and obtaining favorable outcomes in related criminal litigation, the railway authorities failed to sanction the pension

The applicant approached the Tribunal seeking a direction for the grant of family pension and arrears with 6% interest

Whether the respondent authorities are mandated to consider and decide upon the applicant’s pending representation for the grant of family pension as a widowed daughter under the relevant pension rules

The court referred to Rule 75(6)(iii) of the Railway Services (Pension) Rules, 1993, which governs the eligibility of widowed or divorced daughters for family pension

It further relied on RBE No. 99/2013, which provides guidelines for the grant of family pension to such dependents to fulfill the social security objectives of pensionary law

The Tribunal noted that the applicant’s husband died during the lifetime of the primary family pensioner (her mother), potentially qualifying her for the pension as a dependent widowed daughter

The court observed that the competing claim by the elder sister post-dated the mother's death, which the applicant argued rendered it irrelevant

However, rather than adjudicating the merits of the eligibility dispute or the validity of the competing claims, the Tribunal focused on the procedural lapse by the respondents in failing to respond to the applicant’s representation dated April 24, 2024

Given the limited prayer for a time-bound decision, the Tribunal found it appropriate to direct the competent authority to exercise its administrative duty to pass a reasoned order

It directed the Respondents/competent authority to decide the applicant’s representation dated April 24, 2024, by passing a reasoned and speaking order within two months from the date of receipt of the certified copy of the order

No order was made as to costs