01Facts
The applicant, a 48-year-old widowed daughter of Late Shyam Lal, a retired employee of the 508 Army Base Workshop, sought family pension after her father died on 11 January 2021. Her husband had died on 1 December 2020.
pp. 2–4The respondents rejected her claim by order dated 22 July 2024, stating that she had not established dependency on her father during his lifetime; they also relied on the absence of her relevant particulars in his service records and the fact that she and her father had separate addresses. The applicant challenged the rejection before the Tribunal, relying, among other things, on a family membership certificate.
pp. 2–402Issues
i.Whether the applicant established that she was dependent on her father during his lifetime, as required for a widowed daughter’s family-pension claim.
p. 5 · ¶ 10ii.Whether the rejection of her family-pension claim should be set aside and the pension granted.
pp. 4–5 · ¶ 9–1003Law Applied
The Tribunal applied the relevant provisions of the CCS (Pension) Rules, 1972, as amended by the Gazette notification dated 20 December 2021.
pp. 3–5 · ¶ 4, 7, 10It recorded that an unmarried, widowed or divorced daughter claiming family pension beyond the prescribed age must satisfy the applicable eligibility conditions, including having been dependent on her parent or parents during their lifetime.
pp. 3–5 · ¶ 4, 7, 1004Reasoning
The Tribunal found that the family membership certificate and other material did not satisfactorily establish the applicant’s dependency on her father while he was alive.
p. 5 · ¶ 10It considered the respondents’ evidence concerning the parties’ separate addresses and the absence of the applicant’s relevant particulars from the service records, and found that the applicant had not produced sufficient cogent evidence to rebut those matters. Proof of her relationship to the deceased pensioner and her status as a widowed daughter, without proof of dependency, was insufficient to meet the eligibility condition.
p. 5 · ¶ 1005Holding
The Tribunal held that the applicant had not established entitlement to family pension as a dependent widowed daughter.
p. 5 · ¶ 10It dismissed the Original Application, made no order as to costs, and disposed of all associated miscellaneous applications.
p. 5 · ¶ 10–11Original Court PDF
NILAM KUMARIvs508 ARMY BASE WORKSHOP
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![Widowed Daughter’s Family Pension Claim Fails As Tribunal Upholds Rejection For Lack Of Proof She Depended On Father While He Lived. NILAM KUMARI vs 508 ARMY BASE WORKSHOP. CAT - ['Allahabad']. LawLens](/stories/thumbnails/widowed-daughters-family-pension-claim-fails-as-tribunal-upholds-rejection-for-lack-of-pro-de464c6c68ea4e3e89faa3ec8e2cc9af.webp)