### Widowed daughters are eligible for family pension even if bereavement occurs after the employee's death.

The applicant, Narmada Verma, sought the grant of family pension following the death of her mother, who was a railway employee appointed on compassionate grounds after the death of the applicant's father. Her mother died on 27.04.2006

Initially, the family pension was granted to the applicant’s sister, but it was discontinued on 10.07.2008 when the sister received a compassionate appointment

The applicant’s husband died on 29.03.2011, making her a widow; subsequently, her sister married on 16.06.2011, leaving the applicant without a source of income

The respondents rejected the applicant's claim for family pension on 06.03.2017, citing RBE No. 99/2013 and 109/2014, arguing that a daughter who becomes a widow after the death of both parents is ineligible if she was married at the time of their deaths

1. Whether a widowed daughter, who became a widow after the death of her parents but while another eligible family member was receiving the family pension, is entitled to the grant of family pension

Rule 54(6)(iii) of the CCS (Pension) Rules, 1979, which governs the eligibility of widowed daughters for family pension

Railway Board orders RBE No. 98/2008, RBE No. 99/2013, and RBE No. 109/2014 regarding the dependency and eligibility of divorced/widowed daughters

The principle established by the Hon’ble Supreme Court and the High Court in Smt. B. Malika v. U.O.I & Ors (2015), which held that a daughter (divorced or widowed) is eligible for family pension if she was residing with and dependent on the deceased employee/pensioner before their death

The Tribunal noted that the applicant was residing with her mother (the pensioner) even during the lifetime of her late husband and remained dependent on her family members

While the respondents argued that the applicant became a widow after her parents' deaths, the Tribunal observed that she became a widow during the period when the family pension was still active (being paid to her sister)

Applying the reasoning in Smt. B. Malika, the Tribunal held that executive instructions (RBEs) cited by the respondents cannot override the statutory intent of pension rules meant to provide a livelihood to dependent daughters

Since the applicant had no other source of income and was a dependent widowed daughter, the restrictive interpretations in the mentioned RBEs were found inapplicable to deny her relief

It set aside the termination order dated 06.03.2017 and held that the applicant is entitled to the family pension as a widowed daughter

The respondents were directed to take an appropriate decision to grant the family pension in terms of RBE 98/2008 within three months of the order