The High Court dismissed a writ petition challenging a rejection of family pension claim. The court held the petitioner, a divorced daughter, was ineligible because she obtained her divorce decree after the parent's death, violating the 2017 Official Memorandum requirements.
Petition dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.20471 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.No.20471 of 2023
R.Meenakshi
... Petitioner
Vs.
1.Union of India rep by The General Manager Southern Railway Park Town, Chennai – 600 003.
2.The Senior Divisional Personnel Officer Chennai Division, Southern Railway NGO Annexe, Park Town Chennai – 3. … Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari to call for the records pertaining to order dated 12.07.2022 passed in OA.No.681 of 2018 on the file of the 2 nd respondent and quash the same.
For Petitioner : Mr.D.Nellaiappan
For Respondents : Mr.K.Gunasekar, SPCCG for R1&R2
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W.P.No.20471 of 2023
O R D E R
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The claim of the writ petitioner for grant of family pension under the divorced daughter category is under challenge in the present proceedings.
his death. The mother and the wife of the employee predeceased, the pensioner died in the year 2006.
the date of death of his father. Since, the claim was rejected by the second respondent, original application came to be instituted before the Tribunal. The Tribunal considered the issues with reference to the Official Memorandum
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W.P.No.20471 of 2023
dated 19.07.2017 and rejected the Original Application. Thus the present writ petition is filed.
oppose by stating that the Tribunal is right in rejecting the application based on the conditions stipulated in the Official Memorandum dated 19.07.2017.
the lis on hand.
the Government of India in its Official Memorandum dated 19.07.2017, one of the eligible conditions prescribed in Para 14 of the said Official Memorandum reads is as under :-
“ 4.It was clarified that a daughter if eligible, as
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W.P.No.20471 of 2023
explained in the preceding paragraph may be granted family pension provided she fulfills all eligibility conditions at the time of death/negligibility of her parents still on the date her turn to receive family pension comes. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent Court during the life time of at lease one of the parents.”
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W.P.No.20471 of 2023
[S.M.S., J.] [M.J.R., J.] 12.12.2024
Index: Yes/No Speaking/Non-speaking order tsh To 1.Union of India rep by Page 5 of 7
W.P.No.20471 of 2023
The General Manager Southern Railway Park Town, Chennai – 600 003.
2.The Senior Divisional Personnel Officer Chennai Division, Southern Railway NGO Annexe, Park Town Chennai – 3.
https://www.mhc.tn.gov.in/judis Page 6 of 7
W.P.No.20471 of 2023
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
tsh
W.P.No.20471 of 2023
12.12.2024
https://www.mhc.tn.gov.in/judis Page 7 of 7
2 issues framed by the court
Whether a divorced daughter is eligible for family pension under the Official Memorandum dated 19.07.2017 if the divorce decree was issued post-dating the parent's death.
Whether the Central Administrative Tribunal was correct in rejecting the petitioner's claim based on the eligibility conditions of the pension scheme.
2 provisions across 2 enactments
R.Meenakshi
Union of India
The Senior Divisional Personnel Officer Chennai Division
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
