Kamlesh vs New Delhi Municipal Council

Through the medium of this O.A., the applicant has challenged the order dated 20.10.2015 issued by the respondents denying her request for transferring the pension received by her mother Smt. Angoori Devi into family pension due to her death on 03.03.2015.

The facts of the case, as stated by the applicant, are that the mother of the applicant Smt. Angoori Devi (since deceased) was employed in NDMC as a Mali since 02.09.1951.

The applicant got married on 26.05.2003 and came back to her maternal home within ten days of her marriage and had been staying there as a dependent on her parents. It is stated that the marriage between the applicant and her husband stood dissolved by way of a deed of dissolution of marriage, as per the custom prevalent in their caste, namely, Khatik, which is a scheduled caste. The applicant avers that she does not know about the whereabouts of her former husband and only has limited information that soon after their divorce, he got married again.

The mother of the applicant worked with NDMC till 30.09.2011 till her superannuation. She was receiving a sum of Rs. 3364/- as monthly pension and was also in receipt of pension of her deceased husband, till she expired on 03.03.2015. The applicant requested the respondents to transfer the family pension of her deceased parents to her. It was duly mentioned in her representation that she has two brothers, who are married, and are not in a position to help her financially, but they have no objection to the applicant receiving the family pension.

Since the representations submitted to the respondents did not yield any result, the applicant filed OA-3188/2015, which was disposed of by the Tribunal at the admission stage on 27.08.2015 directing the NDMC to take a decision on the representation preferred by the applicant.

The respondents have now rejected her request informing her that as per Rule-54 of CCS (Pension) Rules, 1972, the applicant is not entitled to family pension of her mother and alleged that as per applicant's bank statement, she was earning more than an amount of minimum family pension i.e. Rs.3500/- from other sources. The applicant states that the respondents NDMC have not mentioned the particulars of the so called bank account, based on which they have arrived at the said conclusion. The applicant avers that as per Rule-54 of the CCS (Pension) Rules, 1972, she is entitled for family pension, as per law.

The respondents in their counter affidavit contend that the applicant is not a dependent member of the family of the deceased Smt. Angoori Devi. They have relied upon Form-3 (details of family), filed by the deceased with the department on 21.09.2011 in which the applicant's name does not figure. Copy of Form-3 (details of family) is enclosed as Annexure R-1. The respondents submit that the deed of dissolution of marriage relied upon by the applicant to enforce her claim that she is a dependent daughter of the deceased, is not legally tenable since no proper decree of divorce has been furnished by the applicant, as mandated under the Rules.

At the time of hearing today, nobody was present from the side of the respondents, hence, the case was taken up for decision based on the available pleadings.

During hearing, the learned counsel for the applicant Ms. Kavita Bhardwaj reiterated the submissions already made in the O.A.

9.1 On going through the facts of the case, I find force in the arguments advanced by the respondents based on which the impugned order dated 20.10.2015 had been issued. It is seen that the name of the applicant does not figure in Form-3 filed by late Smt. Angoori Devi showing her as a dependent. The applicant has averred that after her marriage, and subsequently, on dissolution of marriage, she was staying with her mother. No proper decree of divorce has been filed by her in support of this contention. Finally, there is no NOC from the sons of Smt. Angoori Devi (now deceased) in favour of the applicant, that they have no objection to her receiving the family pension.

Undoubtedly, as per O.M. No. 45/51/97-P&PW(E)Vol.II dated 25.07.2001, divorced and widowed daughters are eligible for grant of family pension under Rule 54(6) of the CCS (Pension) Rules, 1972. But this eligibility is subject to fulfillment of certain conditions. In the case of divorced daughters, it is stated in para-2 of the aforesaid O.M. that:-

"2.......It has been decided that if the marriage of the disabled daughter is legally annulled, she would be eligible for family pension for life from the date her marriage stands annulled, subject to the following conditions:-

(i) Divorce is valid in law

(ii) Divorced daughter comes back to her parental home

(iii) Disability is certified by an appropriate authority as required under the rules.

(iv) The requirement regarding submission of the requisite certificates as laid down under Rule 54(6) of the CCS (Pension) Rules, for becoming eligible to family pension for life shall continue to remain operative."

The applicant does not seem to fulfill the aforementioned conditions. She has not produced a decree of divorce which is valid in law. Besides, the respondents have made out a case that the applicant is earning more than the minimum amount of family pension from other sources. In the counter affidavit (para-4xv-vi) it is stated that at the time of scrutiny of her claim papers, the applicant had shown her bank passbook/statement reflecting her income from other sources. The same has not been annexed in the counter since (allegedly) the applicant did not furnish a copy of the same to the respondents.

In view of the overall matrix of the case, the claim of the applicant is on a very weak footing and cannot be entertained legally. Her request for grant of family pension is accordingly denied. O.A. is dismissed. No costs.