Step-son claimed family pension after his step-mother, a railway employee, died. The Tribunal granted it under Rule 70. The High Court held a step-son falls outside the definition of 'family' in Rule 75 and set aside the Tribunal's order.
Order dated 07.06.2023 in O.A.No.409/2017 set aside; writ petition allowed with no costs; miscellaneous petitions closed.
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.26142 OF 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2026
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
W.P.NO.26142 OF 2024
AND
WMP NOS.28558 AND 28559 OF 2024
Rep. By the General Manager
Southern Railway Park Town, Chennai – 600 003.
Park Town, Chennai – 600 003.
Petitioners
Vs.
Step-son of Late G.Kalaiselvi Ex. Pointsman / SMR / Ponneri Killikodi Village, Kavaraipettai Post, Ponneri Taluk, Trivellore District – 601 206. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records pertaining to
Page No.1 of 6
W.P.NO.26142 OF 2024
order dated 07.06.2023 passed in Original Application No.409/2017 on the file of the first respondent, quash the same.
| For Petitioners | : | Mr.A.R.Sakthivel (SPCCG) |
|---|---|---|
| For Respondent - 1 | : | Tribunal (CAT) |
| For Respondent - 2 | : | No appearance |
O R D E R
(Order of the Court was made by S.M.Subramaniam, J.)
Under assail is the order of the Central Administrative
Tribunal, Madras Bench, dated 07.06.2023 passed in O.A.No.409 of 2017.
2.The respondent filed an Original Application in O.A.No.409 of 2017 claiming family pension under the Railways Services (Pension) Rules, 1993. The respondent herein is the step-son of Late G.Kalaiselvi, who served in Railways and died on 24.09.2008.
3.The learned Standing Counsel appearing on behalf of the
Railways would submit that Gratuity due to the deceased employee had already been settled in favour of the respondent under Rule 70 of the Railway Services (Pension) Rules, 1993. However, the respondent is not
Page No.2 of 6
W.P.NO.26142 OF 2024
eligible for family pension in view of the definition of “family” as stated under Rule 75 of the Railway Services (Pension) Rules, 1993. Though the Central Administrative Tribunal considered the Rules, it granted family pension by relying upon Rule 70, which is inapplicable to the grant of family pension.
4.Rule 75 of the Railway Services (Pension) Rules, 1993 speaks about the Family Pension Scheme for Railway Servants, 1964. “Family” has been defined under Sub-Rule 19(b) of Rule 75, which is extracted hereunder:
“b.”family”, in relation to railway servant meansi. wife in the case of a male railway servant or husband in the case of a female railway servant; ii. a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery;
iii. son who has not attained the age of twenty-five years and unmarried daughter who has not attained the age of twenty five years, including such son and daughter born after retirement or adopted legally before retirement but shall not include a son or daughter adopted after retirement; Deleted vide Railway Notification issued under
Page No.3 of 6
W.P.NO.26142 OF 2024
Railway Board’s letter No.F(E)III/94/Pn1/31 (Amendment) dated 3.2.1995.”
5.Under the Railway Services (Pension) Rules, 1993, a Government servant may nominate any person for receiving gratuity. As far as family pension is concerned, it is to be granted strictly in accordance with the definition of “family” as contemplated under the Pension Rules. Step-son is not eligible to receive family pension under the Rules, in view of the definition, as stated above, and thus, the Order dated 07.06.2023 passed by the Central Administrate Tribunal, Madras Bench in O.A.No.409 of 2017 is set aside. Accordingly, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[S.M.S., J.] [N.S., J.] 03.07.2026
Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK
Page No.4 of 6
W.P.NO.26142 OF 2024
To
The Registrar The Central Administrative Tribunal Chennai Bench Chennai – 600 104.
Page No.5 of 6
W.P.NO.26142 OF 2024
S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J.
TK
W.P.NO.26142 OF 2024
0 3.07.2026
Page No.6 of 6
1 issue framed by the court
Whether a step-son of a deceased railway employee is eligible for family pension under Rule 75 of the Railway Services (Pension) Rules, 1993.
4 provisions across 1 enactments
Union of India, Rep. By the General Manager, Southern Railway
The Senior Divisional Personnel Officer, Chennai Division, Southern Railway
The Registrar, Central Administrative Tribunal, Chennai Bench
G.Chengalan
S.M.Subramaniam
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
