Divorced daughter not entitled to family pension if not dependent at the time of parent's death.

The applicant, Ms. Renu Srivastava, born on September 16, 1964, is the daughter of Late Shri R.K. Verma, a Deputy Chief Auditor with the Comptroller and Auditor General who superannuated on July 31, 1977, and died on August 22, 1991

His wife, Smt. Shanti Verma, received family pension until her death on June 14, 1995

The applicant married Shri Sharad Srivastava on July 13, 1993, but their marriage ended in a divorce by mutual consent on January 16, 2007

After her separation, the applicant resided with her elder brother, Late Shri Rakesh Srivastava, and was dependent on him until his demise on July 26, 2017

Subsequently, her brother's son refused financial support, leading the applicant to seek family pension due to financial hardship and lack of independent livelihood

The respondents, representing the C&AG and Railways, stated that the service records of Late Mr. R.K. Verma were untraceable

They further argued that the applicant was not a dependent when her mother died and therefore lacked locus standi

Whether the applicant, as a divorced daughter, is entitled to the grant of family pension effective from January 16, 2007

Whether the applicant has a vested and enforceable right to family pension, given she was married at the time of her mother's death and divorced much later

The court considered Rule 50(9)(a)(ii) (superseded by CCS Pension Rule, 2021) of the CCS Pension Rules regarding the eligibility of a divorced daughter for family pension, which mandates dependency on parents and not earning a livelihood

It also referred to Rule 50(9)(i)(iii) of CCS (Pension) Rules (Annexure R-4), which specifies conditions for family pension to an unmarried, widowed, or divorced daughter beyond 25 years, including the requirement of being dependent on her parent(s) when they were alive

The respondents also cited Annexure R-2, which estops family pension after a gap of seven years from the date of retirement of the government employee, and Family Pension under 3(2)(ii)

Additionally, OM No. 1/13/09-P4 PW€ dated September 11, 2013, from the Department of Pension & Pensioners Welfare, was referenced

The court considered the applicant's request for family pension, noting her status as a divorced daughter and her current financial hardship

The applicant's counsel argued for her entitlement under CCS Pension Rule 50(9)(a)(ii) due to her age, lack of income, and dependency

However, the respondent's counsel countered by pointing out critical dates: the applicant's marriage on July 13, 1993, and her mother's death on June 14, 1995

At the time of her mother's death, the applicant was already married and living with her husband, thus not dependent on her parents

Her divorce occurred much later, on January 16, 2007, making her not dependent at the relevant time, thereby lacking locus standi

The court noted that legally, the applicant had no vested and enforceable right to family pension because she was not dependent on her mother at the time of her mother's demise

Despite expressing empathy for the applicant's unfortunate circumstances, the court found that legally, her claim was not tenable

It concluded that, on merits and technical grounds, the applicant's claim failed because she was not dependent on her mother, Mrs. Shanti Verma, at the time of her mother's death on June 14, 1995

The applicant was married on July 13, 1993, and only divorced on January 16, 2007, long after the relevant period of dependency

Therefore, the applicant had no vested and enforceable right to family pension

There was no order as to costs