CAT - ['Kolkata']
Social Security and PensionsAdministrative and Public Law

Family pension representation must be decided by a reasoned speaking order within two months.

BASANTI KOIRI vs Department of Telecommunication

CAT - ['Kolkata']JUDGMENT: September 07, 20262 MIN READSOURCE JUDGMENT
Family pension representation must be decided by a reasoned speaking order within two months.. BASANTI KOIRI vs Department of Telecommunication. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, Basanti Koiri, is the daughter of Late Sukdev Prasad Koiri, a former employee of the Department of Telecommunications who retired on 13 December 1976 and died on 18 November 2008.

Source reference: p. 3, para. 5.1–5.2

After his death, the applicant’s mother, Smt. Lakshmi Devi Koiri, received family pension until her death on 30 September 2024.

Source reference: p. 3, para. 5.2

The applicant submitted a representation dated 22 November 2024 seeking grant of family pension as an unmarried daughter.

Source reference: p. 3, para. 5.3

As no pension had been released, she filed the Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking directions for grant of family pension and reliance on departmental communications dated 11 August 2025 and 25 February 2026.

Source reference: p. 2, para. 1; p. 3, para. 5.4

The respondents stated that the matter was under consideration and referred to the letter dated 25 February 2026 requiring resubmission of necessary documents duly countersigned by the competent authority.

Source reference: p. 3, para. 6
02

Issues

Whether the respondents should consider the applicant’s representation for grant of family pension as an unmarried daughter and communicate a reasoned decision to her?

Source reference: p. 4, para. 7

Whether the applicant, upon establishing her eligibility under the applicable family-pension rules, should be paid family pension?

Source reference: p. 4, para. 7
03

Law Applied

The application was entertained under Section 19 of the Administrative Tribunals Act, 1985, which provides the statutory mechanism for approaching the Central Administrative Tribunal in service matters.

Source reference: p. 2, para. 1

The Tribunal applied the administrative-law requirement that a competent authority must consider a pending representation and communicate its decision through a reasoned and speaking order.

Source reference: p. 4, paras. 7–9

It further directed that family pension could be released only if the applicant was found eligible under the applicable pension rules and upon submission of the necessary supporting documents.

Source reference: p. 4, paras. 7–9

No specific pension rule or judicial precedent was cited or adjudicated upon; the Tribunal expressly kept the merits and all legal issues open.

Source reference: p. 4, para. 9
04

Reasoning

The Tribunal did not determine whether the applicant substantively satisfied the conditions for family pension.

Source reference: p. 3, para. 6; p. 4, para. 7

Since the respondents had already indicated that the matter was under consideration and had sought resubmission of necessary documents, the Tribunal considered it appropriate to require the competent authority to examine the applicant’s representation in accordance with law.

Source reference: p. 3, para. 6; p. 4, para. 7

The authority was directed to assess the applicant’s eligibility, issue a reasoned and speaking order, and release the pension within the prescribed period if she was found eligible.

Source reference: p. 4, paras. 7–8

The applicant was correspondingly directed to furnish all necessary documents.

Source reference: p. 4, paras. 7–8

The Tribunal clarified that it had not entered into the merits of the claim and that all issues remained open for consideration by the respondents.

Source reference: p. 4, para. 9
05

Holding

The Original Application was disposed of without adjudicating the applicant’s entitlement on merits.

Respondent No. 4, or any other competent authority, was directed to consider the applicant’s representation for family pension, take a decision within two months from receipt of a certified copy of the order, and communicate that decision through a reasoned and speaking order.

Source reference: p. 4, paras. 7–10

If the applicant was found eligible, family pension was to be released within the same period.

Source reference: p. 4, paras. 7–10

The applicant was directed to provide all necessary documents, and there was no order as to costs.

Source reference: p. 4, paras. 7–10
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19852

CAT - ['Kolkata']

Original Court PDF

BASANTI KOIRIvsDepartment of Telecommunication

CAT - ['Kolkata'] · September 07, 2026

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