Ms. Swaran Lata Sharma vs Union Of India

The applicant is a 70 years old, divorced, issueless and unemployed daughter of Late Shri Chiranji Lal Sharma, an ex-employee of Department of Posts. The father of the applicant retired from service on 20.04.1969, when he was working as LSG Clerk under Accounts Officer/Telecom Revenue (AO/TR) under the then unified Deptt. of Post, Govt. of India, Baroda in a office located at Delhi. He was sanctioned the pension vide Pension Pay Order (PPO) No.29054/2687 dated 19.07.1975 by the office of PMG, Ahmedabad. He was in receipt of pension till his death on 12.02.1992. Thereafter, as was already mentioned in this PPO, Smt. Lajyawati Sharma, the widow of the deceased employee (who was applicant‟s mother) was in receipt of family pension under the same PPO No. 29054/2687 till she died on 21.05.2003.

The applicant, namely Smt. Swaran Lata Sharma (DOB 09.12.1949), pleads that she got divorced in the year 1984, while her further was still alive, and has not remarried since. The decree of divorce was issued by Additional District Judge, Delhi in HMA case No.584/1983 vide orders dated 31.10.1984. She was dependent on her father when he was alive and thereafter on her widow mother after the death of her father. She was without any support and had submitted her request on 10.03.2012 for family pension to Senior Post Master, Krishna Nagar, HPO, Delhi-110051, from where pension was being disbursed to her late parents. This was with all supporting documents. Her application was forwarded to relevance offices but no fruitful result could be achieved. Feeling aggrieved, instant OA was filed.

Many documents were submitted by applicant along with this OA also. Two of these documents are as under:

(i) Her application dated 10.03.2012 addressed to Sr. Post Master, Krishna Nagar, Delhi.

(ii) Sr. Postmaster‟s letter dated 20.03.2012 addressed to the Accounts Officer, Pension Section, O/o GM Finance, Delhi. This had 14 enclosures as under:

a. Application of claimant

b. 2 PPO duly cancelled

c. Form 14 duly filled

d. 2 specimen signature slip duly attested

e. finger and thumb impression of left and right hand duly attested

f. 2 copy descriptive roll of claimant duly attested

g. 2 copy of age certificate duly attested

h. 2 passport photograph

i. Original death Certificate of Late Sh. Chiranji Lal Sharma and late Smt. Lajjavati Sharma

j. Attested copy of degree of divorce

k. Affidavit of non employment, non remarriage and single divorced daughter of Late Sh. Chiranji Lal Sharma

l. Copy of bank account statement through which she wish to draw her family pension.

m. Copy of the Office memorandum regarding Extension of scope of family pension to widow/ divorced/unmarried daughter.

n. Related document of pension disbursing records as Serial no 1-30.

2.1 Thereafter, during pendency of this OA, certain documents were again submitted by applicant. List of these additional documents is as under:

(a) Request for grant of family pension to divorced daughter.

(b) Application for the grant of family pension 1964 on the death of a Government servant/Pensioner, in Form TR-40-A as amended.

(c) Photograph

(d) Thumb and finger prints

(e) Descriptive Roll of Ms. Swarn Lata Sharma along with finger prints of all ten.

(f) Higher Secondary Exam certificate showing DOBDeath Certificate of her father

(g) Death Certificate of her mother

(h) Decree of divorce

(i) Notarized Affidavit showing her relation to her father, mother and her status of being divorced with no source of income.

(j) Bank passbook first page showing her name and that of her father.

2.2 Copy of PPO issued to her father, which also authorizes family pension to her mother was submitted again on 24.12.2018 and a copy given to respondents, when it was directed by Tribunal on 30.12.2018.

As a social welfare measure, the DOP&PW under Government of India had issued a policy directive on 27.10.1997 to the effect that eligible divorced daughters/ widowed daughters are entitled to get family pension till she attains the age of 25 years or up to the date of her marriage/remarriage, subject to their income not exceeding Rs.2550/-p.m.

3.1 These directives were later on further liberalized vide DOP&PW OM dated 25.07.2001 to the effect that divorced/widowed daughter will get family pension for life subject to conditions specified therein. Certain representations were received by Government thereafter and vide DOP&PW OM dated 30.08.2004, following further directions were issued:

"2. Government has received representations for removing the condition of age limit in favour of divorced/widowed daughter so that they become eligible for family pension even after attaining the age limit of 25 years. The matter has been under consideration in this Department for sometime. In consultation with the Ministry of Finance, Department of Expenditure and the Ministry of Law and Justice, Department of Legal Affairs etc., it has now been decided that there will be no age restriction in the case of the divorced/widowed daughter who shall be eligible for family pension even after their attaining 25 years of age subject to all other conditions prescribed in the case of son/daughter. Such daughter, including disabled divorced/widowed daughter shall, however, not be required to come back to her parental home as stipulated in para 2(ii) of this Department‟s O.M. dated 25th July 2001, which may be deemed to have been modified to that extent."

3.2 Thereafter, further clarifications were also issued vide DOP&PW OM dated 28.04.2011. These are as under:

"4. Representations have been received in this Department from various quarters (i.e. Pensioners‟ Associations, etc.) to the effect that the claims for family pension of widowed/divorced/unmarried daughters and dependent disable siblings are not being entertained by certain Ministries/Departments on the plea that their names do not appear in the details of family members submitted by the government servant / pension to the Head of Office from where he/she had retired. Besides, in cases where a Government servant/Pensioner had expired prior to the issue of above referred orders by this Department, the claims of widowed/divorced/unmarried daughters etc. for family pension are not being entertained by Ministries/Departments on the plea that they were not eligible for family pension at the time of retirement/death of the Government servant or death of the Pensioner. This department has been requested for issue of appropriate clarificatory orders in the matter so as to settle the family pension claims of the aggrieved widowed/divorced/unmarried daughters, etc. of the Government servants/Pensioners.

The matter has been considered in this Department in consultation with Department of Expenditure, Ministry of Finance. It is hereby clarified that subject to fulfillment of other conditions laid down therein, the widowed/divorced/unmarried daughter of the Government Servant/Pensioner will be eligible for family pension with effect from the date of issue of respective orders irrespective of the date of death of, the Government servant. Consequently, financial benefits in such cases will accrue from the date of issue of respective orders. The cases of dependent disable siblings of the Government servants/Pensioners would also be covered on the above lines.

All Ministries/Departments are requested kindly to settle the family pension claims of widowed/divorced/unmarried daughters and dependent disabled siblings accordingly on attached/subordinate organizations for compliance."

3.3 Thereafter, DOP&PW issued another OM dated 11.09.2013, wherein following clarifications were further issued:

"Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972. For settlement of old cases, it was clarified, vide OM dated 28.04.2011, that the family pension may be granted to eligible widowed/divorced daughters with effect from 30.08.2004, in case the death of the Govt. Servant/pensioner occurred before this date.

This Department has been receiving communications from various Ministries/ Departments seeking clarification regarding eligibility of a daughter who became widowed/divorced after the death of the employee/pensioner.

As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death or remarriage of their mother/father, i.e., the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled children for life and then to the unmarried/widowed/divorced daughters above the age of 25 years.

It is clarified that the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her turn provided he/she is still eligible for family pension when the turn comes. Similarly, family pension to a widowed/divorced daughter is payable provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn to receive family pension comes.

As regards opening of old cases, a daughter if eligible, as explained in the preceding paragraph, may be granted family pension with effect from 30th August, 2004. The position is illustrated through an example. Shri A, a pensioner, died in 1986. He was survived by his wife, Smt. B, a son Shri C and a daughter, Kumari D, the daughter being the younger. Kumari D married in 1990 and got widowed in 1996. Smt. B died in 2001. Thereafter, Shri C was getting family pension, being disabled, and died in 2003. Thereafter, the family pension was stopped as Kumari D was not eligible for it at that time. She applied for family pension on the basis of O.M., dated 30th August, 2004. Since she was a widow and had no independent source of income at the time of death of her mother and on the date her turn came, she may be granted family pension. The family pension will continue only till she remarries or starts earning her livelihood equal to or more than the sum of minimum family pension and dearness relief thereon.

This is only a clarification and the entitlement of widowed/divorced daughters would continue to be determined in terms of O.M., dated 25/30th August, 2004, read with O.M., dated 28.4.2011."

The applicant pleads that in accordance with these OMs, she being the divorced daughter w.e.f. 1984, when her father was still alive and was receiving pension and she was dependent upon him, and thereafter she was dependent upon her mother and who was receiving family pension, she is now entitled to get family pension as a divorced daughter, w.e.f. 30.8.2004.

The applicant also pleads that as soon as she came to know of these instructions (para 3 to 3.3 supra), the requisite application for grant of this family pension was submitted by her on 10.03.2012 along with all the requisite documents to the office of Senior Post Master, Krishna Nagar, HPO, Delhi-110051, from where, her mother was receiving family pension till her death on 21.05.2003. The Senior Post Master has thereafter, forwarded this request to the Accounts Officer, Pension Section, Office of GM Finance, Delhi-110054, vide his letter dated 20.03.2012 (para 2 (ii) supra).

The applicant further pleads that when there was no proper response to her request, she has also filed her grievance with DOP&PW vide Registration No. DOPPW/P/2013/04159. There is a system wherein the pending status of all such representations is uploaded on DOP&PW website. Her representation was registered on 12.12.2013 under the registration number given herein and the status as on 13.04.2014, was indicated as "under process". The relevant status position as of 13.04.2014 from said website is reproduced as under:-

"In this connection it is intimated that as per CAO(CA) Vadodra report, (copy enclosed ) on verification of PPO, it has been observed that pension sanctioning authority was PMG, Ahmedabad as at the time of retirement of the official postal Telecom deptt was in combined set up. In order to examine the claim of family, pension service book is required to be verified. In this regard a letter

issued to PMG Ahmedabad but no reply received till date, and again letter issued to Asstt. Director (Personal claims Postal Service ) O/o Chief PMG Gujarat Circle Ahmedabad. No reply is this regard received till date."

It is however, pleaded by the applicant that Department of Posts and Telecom got bifurcated sometime in the year 1993 into Department of Posts and Department of Telecom and it is perhaps on this account that her case is being referred from one office to the other office one after the other without there being any result. In fact none of these offices are even owning the matter, what to speak of action. The relevant dates and letters quoted in this sequence of letters, are as under:-

(i) 10.03.2012 - Applicant writes to Sr. Post Master, Krishna Nagar (Para 4 supra).

(ii) 20.03.2012 - Sr. Post Master writes to Accounts Officer, Pension Section, Office of General Manager (Finance), Postal Accounts, Delhi-110054 (Para 4 supra).

(iii) April 2012 - Accounts Officer writes to CAO office of the CCA, DOT Building, Prasad Nagar, New Delhi.

(iv) 19.04.2012 - CAO Office returns the case to Accounts Officer saying that PPO was not issued by the office of CAO.

(v) 11.05.2012 - Accounts Officer writes to Director of Accounts (Postal), Ahmedabad, who was said to be the Pension Sanctioning Authority.

(vi) 19.06.2012 - Director of Accounts, Postal, Ahmedabad, sends it to Controller of Communication Accounts, Ahmedabad.

(vii) 23.07.2012 - Controller of Communication Accounts, Ahmedabad sends it to Director of Accounts (Postal), Maharashtra Circle, Nagpur.

(viii) 19.11.2012 - Director of Accounts (Postal), Nagpur, returns it to Controller of Communication Accounts, Ahmedabad.

(ix) 12.12.2013 - Applicant lodges complaint with DOP&PW (Para 4 supra).

(x) 28.05.2014 - The Assistant Director General (PG-II), Govt. of India, Ministry of Communication and IT, Department of Telecommunication (PG&I Section), Sanchar Bhawan, New Delhi wrote a letter to the Controller of Communication Accounts CCA, Gujarat Telecom Circle, Ahmedabad.

(xi) 06.06.2014 - The BSNL, office of the General Manager, Telecom District Vadoara vide letter dated 06.06.2014 informed the Asstt. CCA (Pension) office under the Controller of Communication Accounts, Ahmedabad that the documents required for the settlement of the case is not available in this office.

(xii) 11.08.2015- As desired the applicant had again submitted the relevant documents for the purpose of processing her family pension case to the Accounts Office (Corporate Accounts) Bharat Sanchar Nigam Limited.

(xiii) The applicant wrote a letter to the Hon‟ble Prime Minister regarding the abnormal delay in settlement of her family pension.

(xiv) 17.02.2015 - The Section officer (Pension) Govt.of India, Ministry of Communication and IT, Department of Post, Dak Bhawan , New Delhi wrote a letter to the Chief PMG, Delhi Circle , Delhi to examine the representation of the applicant.

28.1.2015 in accordance with the rules and to communicate the final decision taken in the matter directly to the applicant. The said letter specifically mentions to settle the case of family pension expeditiously.

(xv) 18.03.2015- The Asstt. Director (PC), Office of Chief Post Master General, Delhi Circle vide letter dated 18.03.2015 requested the concerned authorities to examine the pension case of the applicant at the earliest.

(xvi) 15.04.2015- The Deputy Controller of Communication Accounts (Pension), Gujarat Telecom Region, Ahmedabad, wrote a letter to the Account Officer (CA) Office of the General Manager, Telecom District, BSNL, Vododara stating therein that the desired information is still awaited from your office.

(xvii) 25.06.2016- Feeling aggrieved by the inordinate delay in granting the family pension, the applicant wrote a letter to the Hon‟ble Prime Minister again with a copy to the Hon‟ble Minister of Telecommunication.

(xviii) 21.12.2018 - Department of Telecommunications, Ashoka Road, New Delhi writes to Principal Controller of Communication Accounts, Prasad Nagar, New Delhi quoting instant OA, that a copy of PPO is needed. It was also advised that:

"3. .... Further, in the absence of family details given by Late Chiranji Lal Sharma during his service period or at the time of his retirement, the documents submitted by the applicant do not conclusively prove that she is the daughter of Late Chiranji Lal and Late Lajjawati Sharma.

It is requested to bring the above discrepancy in the documents submitted by Swarn Lata Sharma to the notice of Hon‟ble CAT, in consultation with the CGSC, on the next date of hearing of the case."

(xix) 24.01.2019 - The office of GM (Finance), Postal Accounts, Delhi writes to Director of Accounts (Postal) Ahmedabad as under:

"Kindly refer to this office letter of even number dated 14.05.2012 vide which it was requested to deal the above said matter accordingly. It is requested to inform this office the latest status of the case. The relevant copies are being enclosed for ready reference please."

The applicant pleaded that her case is pending since long and is being shuttled from one office to other and needs to be decided expeditiously as she is suffering since long. This grievance has been ventilated in this OA. This bears testimony from para 5 (v) and para 5 (xix) above also that the issue has not progressed one bit despite OA being under prosecution.

It is seen from the counter reply of respondents no.3 & 5 that it has been claimed that certain documents have not been submitted by her. It is also stated that the applicant has purposefully concealed some information so as to somehow get family pension. Hence, the present Original Application is liable to be dismissed it being premature as her income and marital status is yet to be verified by the Office of CGMTD, BSNL, Ahmedabad, who are the sanctioning authority in this case, as her father had retired from that office.

The learned counsel also pleaded that this is a very old case and until all documents are submitted by her, they are not in a position to process the same.

Following averment has been made in the counter by Respondents No.1, 2, 4 & 6:

"That the applicant has claimed family pension as divorced daughter of late Sh. Chiranji Lal Sharma who was employed as LSG clerk in O/o Accounts Officer (Telecom Revenue) Baroda functioning at Delhi. Perusal of the case indicates that after retirement of the employee, Pension and Family pension was sanctioned by PMG, Ahmedabad in the combined P&T set up in the year 1969 and PPO was issued by PAO, Delhi on the basis of payment order issued by DAP, Nagpur. The pension and family pension continued to be paid during the life time of pensioners and his wife respectively.

That Role of PAO, Nagpur, Ahmedabad and Delhi was active during the currency of Pension and Family Pension in case of the government employee and his wife. No action is to be taken by the PAOs for sanction of family pension in the instant case, only available records related to pension case of the Government employee may be provided to DoT authorities which have already been provided to DoT authorities.

That since no action is to be taken by the PAOs for sanction of family pension in the instant case, Respondents no.1,2,4 and 6 may be excluded from Respondents list."

The learned counsel for respondents nos. 1,2,4 & 6 further pleaded that they had already moved an Misc. application No.996/2018, wherein it has been pleaded that they are not concerned with the matter at all and as such all these respondents need to be deleted from the memo of parties.

The matter has been heard at length.

It is noted that relevant documents including death certificate of the father and the mother, the decree of divorce etc. have been submitted by the applicant vide letter dated 10.03.2012 and the same have since been forwarded by the office of Senior Post Master, Krishna Nagar, Delhi along with all relevant and supporting documents to Accounts Officer, Pension Section in the office of GM Finance, Delhi vide her communication dated 20.03.2012. (para 5 (ii) and 2 (ii) (a to n) supra).

The contentions on behalf of the respondents that they have not received the requisite papers, including the PPO, cannot be accepted and especially so since all these documents, including the PPO were specifically directed to be submitted once again by the Tribunal vide orders dated 30.10.2018 and it was complied with by the applicant and acknowledged by respondents in hearing on 24.12.2018. A large number of additional documents were also submitted by applicant during the hearing of this OA on 15.11.2018 (para 2.1 & 2.2 supra).

In the instant case, the original PPO was issued under the original seal authority of the O/o Directorate of Accounts (Postal), Ahmedabad, as is evident from a letter dated 11.05.2012, issued by Accounts Officer, Pension to this office. (para 5 (v) supra). This letter reads as under:

"Sub: Request for grant of Family Pension to Divorced Daughter-father late Chiranji Lal Sharma, LSG Clerk, AO TR Baroda.

Sir,

Please find enclosed the Family Pension case in r/o Swarn Lata Sharma Divorced Daughter of Sh. Chiranji Lal Sharma LSG Clerk A.O.T.R. Baroda.

The original seal authority vide no.48/FGN/69-70 was received in this office. And the Pensioner/Family Pensioner both have expired as is evident from the relevant papers. The entire case is forwarded to your office being pension sanctioning authority, for further necessary action in this instant case."

In this context, this office at Ahmedabad is taken to be the parent office in respect of the PPO issued to applicant‟s late father as well as to her late mother. Therefore, all actions in respect of family pension to the applicant as a divorced daughter, is required to be taken by this office only. Accordingly, this office shall take all necessary actions.

It is the considered view of this Tribunal that whatever needs to be done in this regard, needs to be done by Respondent-4 herein, i.e., the office of Director of Accounts (Postal), Ahmedabad as they were the pension sanctioning authority to applicant‟s parents and by this act, are the custodian of all records of late Shri Chiranji Lal Sharma as the said PPO could not have been sanctioned by this office otherwise. The orders issued by this office shall have to be complied with by other offices, and especially so since Postal Department was an integrated body when Shri Chiranji Lal Sharma superannuated. The bifurcated office of Department of Telecommunications and its subsequent bodies namely BSNL/MTNL shall also have to implement the directions issued by Respondent No.4. The ratio of parents taking necessary action for their children is applicable here and respondent no.4 is in the role of parent for said PPO issued on 19.07.1975.

The objection raised by respondents that family details may not be recorded in office records, is of no consequence as this aspect was already apprehended and clarified vide para-4 of the DoP&PW OM dated 28.04.2011 (para-3.2, sub para-4 thereof supra).

The exercise at (i) & (ii) above, shall be completed by the Respondent No.4 within a time period of six weeks from the date of receipt of a certified copy of this order and the in-charge incumbent of this office shall submit to Tribunal compliance affidavit of having completed this exercise with a copy to applicant.

Learned counsel for the respondents had also pleaded that present application is time barred, since death of father occurred in the year 1992 and her mother died in the year 2003, whereas the application for family pension was submitted by her for the first time in the year 2012 only and thereafter the present OA has been moved in the year 2016 only.

This matter of delay has been considered. This relates to family pension and that also to a divorced daughter. The applicant is not a government servant and as such it is not expected that she will be aware of all the policy circulars issued from time to time. Further there are many judicial pronouncements that pension is a continuing cause of grievance. These delays are, therefore, probable and are condoned and these objections are rejected.

There is no contention raised by any of the respondents as to the eligibility of applicant for family pension. However, various offices are only playing the game of passing the parcel. This cannot be allowed.

The Tribunal however notes that issuance of PPO to the applicant and its implementation may necessitate certain actions by respondent no.4, various associate offices and some of the other respondents.

Further, issuance of PPO for family pension to applicant may also need submission of some additional information by applicant, if the same is not submitted so far.

In view of this, the MA No.996/2018 is dismissed with the observation that the attitude of respondents of playing the game of passing the parcel, needs to be shunned as it tantamounts to denial of legitimate dues despite the slew of policy circulars issued by Govt. as a Welfare State (para 3 to 3.3 supra).

In view of foregoing, following directions are issued:

(i) Respondent no.4 is directed to convene a meeting of all the respondents to this OA as well as all other subordinate offices, as are considered necessary and prepare specific action plan, duly identifying the officer‟s responsible in those offices/respondents to complete the said action along with target dates. This exercise will be completed within four weeks of receipt of a certified copy of these orders.

(ii) A copy of these minutes, as per (i) above, along with requisite additional information/affidavit, if any, are yet to be submitted by applicant, will be advised by speed post by Respondent No.4 to applicant within two weeks thereafter. Respondent No.4 will take care that any additional information/affidavit shall be asked only if this was not submitted by applicant so far on to 10.03.2012 or during prosecution of this OA.

(iii) The applicant shall comply with (ii) above thereafter and send it to Respondent No.4, by speed post, preferably within six weeks.

(iv) Respondent No.4 shall get the required verification done and issue the PPO to the applicant within a time period of eight weeks of receipt of communication at (iii) above from applicant, if any such communication was required, and send it to applicant by speed post. This PPO will indicate that family pension is to be paid w.e.f. 30.08.2004, which is a date such pension was made applicable.

(v) The arrears shall be paid w.e.f. 30.08.2004. However, arrears for the period 30.08.2004 to 19.06.2012 (para 5 (vi) supra), will not carry interest, if paid within three months of issue of PPO at (iv) above. Else, it will carry interest at GPF rate w.e.f. 19.06.2012 till it is paid.

The arrears for the period 20.06.2012 onwards, will carry interest at GPF rate till they are paid.

16.1 The Respondent No.4 and the applicant shall complete all actions as above within the indicated time. This however does not mean that the other five respondents shall not be held accountable either singly or severally, for ensuring compliance of these directions.

The O.A. is disposed of with the above directions. Applicant shall have liberty to approach the Tribunal, if some grievance still subsists, firstly on completion of stage (i) & (ii) above and thereafter on completion of stage (iv) & (v) above.

No orders as to costs.