Divorced daughter is eligible for family pension provided divorce proceedings commenced during the pensioner’s lifetime.

The applicant is the daughter of Late Purnima Sarkar, a former Peon under the Central Public Works Department (CPWD) who superannuated and received pension until her death on October 6, 2020

During her mother’s lifetime, on March 10, 2019, the applicant initiated mutual divorce proceedings under Section 13B of the Hindu Marriage Act, 1955, and a decree of divorce was granted on March 31, 2021

On September 8, 2021, the applicant applied for family pension as a divorced, unemployed, and dependent daughter

The respondents withheld processing the claim, citing the absence of a "No Objection Certificate" (NOC) from the applicant’s three siblings and the lack of a dependency certificate from the Head of Office

The applicant contended that she was solely dependent on her mother and that her siblings, being married and financially stable, were ineligible for the pension, making an NOC redundant

1. Whether a divorced daughter is entitled to family pension if the divorce proceedings were initiated during the lifetime of the pensioner but finalized after their death.

2. Whether the respondents are justified in insisting on a dependency certificate specifically from the Head of Office and an NOC from siblings who are otherwise ineligible for family pension.

The court applied the CCS (Pension) Rules, 1972, which extend family pension benefits to divorced, unemployed, dependent daughters even beyond 25 years of age

Department of Pension Pensioners' Welfare (DOPPW) Office Memorandum (OM) No. 01/16/2011-PPW(E) dated December 8, 2011, which stipulates that an applicant must prove the absence of other surviving family members with prior entitlement

This proof may include marriage, death, or income certificates of other members to establish their ineligibility

The Tribunal noted that the applicant’s divorce proceedings commenced before her mother’s death, fulfilling the primary legal requirement for a divorced daughter's eligibility for family pension

Regarding dependency, the Tribunal observed that the applicant had already submitted a dependency certificate issued by the Sub-Divisional Officer (SDO) based on a police report

The Tribunal ruled that insisting on a certificate from the "Head of Office" was illogical and unnecessary when a competent civil authority had already verified the facts

Addressing the NOC requirement, the Tribunal interpreted the OM dated December 8, 2011, noting that while the applicant must prove no other sibling has a prior claim, this can be achieved through either an NOC via affidavit or by producing tangible evidence of the siblings' ineligibility (such as their marriage or income certificates)

It held that the SDO’s certificate dated January 3, 2022, must be treated as a valid dependency certificate

The Tribunal directed the applicant to either furnish an NOC from her siblings in the form of an affidavit sworn before a 1st Class Judicial Magistrate or provide documentary proof of her siblings' ineligibility to receive family pension

Upon receipt of such documents, the respondents are directed to grant the family pension to the applicant within 60 days without insisting on further requirements