Entitlement of widowed daughter to family pension depends on substantiating dependency and relationship via requisite documentation.

The applicant, Smt. Laxmi Bai, claims to be the widowed daughter of late Shri Dulichand, a former employee of the respondent department

Following the death of her father, her mother received a family pension until her demise in 2019

The applicant asserts that since her husband’s death in 2005, she resided with and was dependent on her mother

She applied for family pension via a representation dated 20.12.2022

The respondents requested specific documentation to verify her claim via a letter dated 30.01.2023, but subsequently contended that the applicant failed to provide sufficient records and that her name was absent from the deceased employee's service records

1. Whether the applicant is entitled to the grant of family pension as the widowed daughter of the deceased railway employee under the applicable pension rules

2. Whether the lack of the applicant’s name in the official service records and the alleged non-submission of evidentiary documents serves as a valid ground for withholding the pension

The court prioritized the statutory right of a widowed daughter to receive family pension, provided she establishes her identity and dependency

The matter is governed by the Railway Services (Pension) Rules (implied by the respondent department), which allow widowed daughters to claim pension after the death of the primary pensioner and spouse, subject to income and dependency criteria

The court emphasized that the determination of "legal claimant" status requires documentary evidence of the paternal relationship and proof of no independent source of income

The Tribunal noted that the respondents do not dispute the legal right of a widowed daughter to receive a family pension in principle

the court found a lacuna in the evidence, as the applicant failed to produce documents in the O.A. that were previously requested by the respondents to establish her lineage or her dependency on her mother since 2005

The court observed that it could not conclusively declare the applicant the legal claimant without recorded proof

the Tribunal adopted a remedial approach, reasoning that the interests of justice require allowing the applicant a final opportunity to prove her claim despite the absence of her name in the initial service records

The Tribunal suggested that the respondents employ an inquiry officer to verify the genuineness of the claim if the documents provided are deemed insufficient

The Court held that the applicant must be afforded one more opportunity to produce relevant documents proving her relationship to late Shri Dulichand and her lack of independent income

The respondents were directed to take a final decision on her entitlement within 90 days of receiving such documents and were authorized to conduct a spot enquiry if necessary to verify the claim's authenticity

No order as to costs was made