Family Pension entitlement to widowed daughters contingent on submission of essential proof of eligibility.

The applicant is the widowed daughter of late R. Thangaraj, a Jamadar Peon who retired from Southern Railway in 1980 and passed away on 25.11.2011

The applicant sought family pension under Rule 75 of the Pension Rules, asserting that her mother (the pensioner's wife) had been divorced in 1962 and died in 1965

Following a lack of response to her initial requests and a prior OA (No. 50 of 2020), she lodged a complaint via CPENGRAM. In response, the respondents issued a communication dated 06.06.2022 requesting a copy of her mother’s divorce decree

The applicant filed the present OA alleging colorable exercise of authority and unnecessary delays in processing her claim despite fulfilling statutory conditions

1. Whether the respondents are justified in demanding a 1961 divorce decree when the death of the spouse (the applicant's mother) is already documented in 1965

2. Whether the applicant is entitled to the extension of family pension benefits as a widowed daughter under Rule 75 of the Pension Rules

The court primarily applied Rule 75 of the Pension Rules, which governs the eligibility and extension of family pension to widowed or divorced daughters

The court also applied the principle of administrative reasonability, noting that authorities should only demand documents that are strictly necessary for the verification of a claim and should not create untenable procedural hurdles

The Tribunal examined the respondents' demand for the production of a divorce decree from 1961 (OMS No. 10/1961). It observed that since the respondents themselves produced a death certificate confirming the mother’s demise in 1965, the requirement for a divorce decree was redundant for the purpose of establishing the applicant’s eligibility

The Tribunal noted the applicant’s claim of being the sole legal heir of the deceased pensioner and found that the respondents had failed to provide a valid reason for the prolonged non-sanctioning of the pension

To resolve the impasse, the court determined that the applicant must provide standard documentation (income, non-remarriage, and legal heir certificates), while the respondents must limit their demands to "only those documents which are necessary" to process the benefit

It directed the applicant to co-operate with the authorities and produce necessary certificates (income, non-remarriage, and legal heirship). Concurrently, the Tribunal ordered the respondents to waive the requirement for the 1961 divorce decree and process the family pension claim in accordance with the law within four months from the date of receipt of the order