Central Administrative Tribunal - Ernakulam
Prema Piratialan vs Southern Railway on 2 December, 2022
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Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00371/2020
Friday, this the 2nd day of December, 2022
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Judicial Member
Prema Piratialan, W/o. Late K. K. Balan,
Aged 62 years, Koopadikandi House,
East Kadirur (P.O), Kannur District,
Kerala, Pin - 670 642. -Applicant
(By Advocates: Mr. P. Sanju & Mr. Rajendran P)
Versus
1. The General Manager, South Eastern Railway - 11,
Garden Reach Road, Kolkatta, West Bengal - 700 043.
2. The Accounts Officer, Office of FA & CAO (Settlement),
South Eastern Railway, Garden Reach, Kolkata - 700 043.
3. The Dy. Secy (PG) & APIO,
GM Office, ECoR Sadan, East Cost Railway,
Chandrasekharpur, Bhubaneswar - 751 0017.
4. P. Sarada, D/o. Kanaran (late),
Aged 78 years, retired teacher, Poovanathil House,
Thiruvonapuram, P.O Peravoor, Thalassery Taluk,
Kannur District, Kerala, Pin - 670 673.
5. Indu. P, D/o. K.K.Balan (late),
Aged 46 years, Poovanathil House, Thiruvonapuram,
P.O. Peravoor, Thalassery Taluk, Kannur District,
Kerala, Pin - 670 673.
6. Sooraj P, S/o. Balan (Late),
Aged 40 years, Poovanathil House, Thiruvonapuram,
P.O. Peravoor, Thalassery Taluk, Kannur District,
Kerala, Pin - 670 673. -Respondents
(By Advocates: Mr. M. K. Padmanabhan Nair, ACGSC for R1-3 & Ms. M. M.
Deepa & Maya P for R4-6)
The O.A having been heard on 2nd December, 2022, this Tribunal delivered
the following order on the same day:
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O R D E R (ORAL)
Per: Hon'ble Justice Sunil Thomas, Judicial Member One Mr. K. K. Balan retired as H.D Clerk Engineering (DL) of the South Eastern Railway. He entered into service on 24.02.1963 and retired after being in service for 34 years 3 months and 10 days. He received his pension as per Annexure A1 payment order. During his lifetime he had married the 4 th respondent who is presently a retired teacher. Respondent Nos. 5 and 6 are the children born in that matrimonial relationship. After his retirement, he divorced the 4 th respondent with mutual consent evidenced by Annexure A2 Judgment. It is claimed that thereafter he married the applicant herein evidenced by Annexure A3. Balan died on 07.11.2016 evidenced by Annexure A4.
2. Claiming that, being the legally entitled widow, the applicant herein submitted an application on 03.04.2017 before the 2nd respondent. Alleging that there was no proper reply Annexure A9 and A10 applications were submitted by her. The dispatch of it is evidenced by Annexure A11. Since there was no effective response, the applicant approached this Tribunal seeking a direction to the respondent Nos. 1 to 3 to grant family pension to the applicant with interest and other reliefs.
3. The Respondent Nos. 1 to 3 have appeared through the Learned ACGSC and 4 to 6 appeared through Ms. M. M. Deepa.
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4. Essentially the respondents 1 to 3 in their reply statement contended that during the course of service of Balan had submitted nomination in favour of 4 th respondent, wife and 5th and 6th respondents, children to receive all the settlement benefits. However at the time of retirement he had opted single pension without mentioning any reason. He had not intimated that he had divorced the 4th respondent nor that he had married the applicant herein. It was stated that Balan, in spite of spending more than 10 years of matrimonial relationship with applicant did not inform the Railways that he had married the applicant herein and did not submit the marriage certificate nor sought to include the applicant as eligible family member. It was also pointed out that requisite documents were not submitted by the applicant.
5. The Respondents 4 to 6 in their reply statement claimed that Balan divorced the fourth respondent as he could not cope up with the life style of Respondents 4 to 6, after having spent 35 years in Madhya Pradesh. However, inspite of divorce, he continued to maintain good relationship with wife and children. Balan stayed in a rented house for some time and during that time applicant had nursed him as a home nurse. After 2005, he stayed at old age homes on rent. The applicant lived in her house during that period. The alleged marriage is a manipulated one. The Respondents 4 to 6 relied on Annexure R4A series and R4D to establish that Balan lived in old age homes till his death. It was claimed that fourth respondent had not remarried after divorce and hence entitled for family pension. She is the nominee of Balan. If the marriage of applicant with Balan was true, he would have changed the 4 name of nominee. After the death of Balan, fourth respondent had submitted an application for grant of family pension as Annexure R4B, which was followed by R4C.
6. The Learned Counsel for the applicant invited my attention to Annexure R1 Office Memorandum relied on by the respondents to oppose the application by the applicant. Annexure R1 refers to the endorsement of the family pension entitlement of post-retiral spouse etc., in the pension payment orders of pensioners. Clause (i) of it provides that as and when a pensioner marries or remarries after retirement, he shall intimate the event to the Head of Office who processed his pension papers at the time of retirement. He shall also furnish along with his application an attested copy of the marriage certificate from Registrar/Gram Panchayat/District Megistrate in respect of his post retirement marriage.
7. Though this was harped on heavily by the Learned ACGSC to point out that the claim of marriage of the applicant with the pensioner was never intimated to the Railways and that the evidence do not record that, that does not relieve the respondent Nos. 1 to 3 of their duty towards the applicant or towards R4 to consider a request for family pension when made by a person claiming herself to be the legally wedded wife of the pensioner, merely because the pensioner had not intimated his marriage/remarriage, post retirement. Such a claim cannot be rejected on mere ground that the condition stipulated in the Annexure R1 intimation has not been complied. It cannot also to be interpreted that the right of the applicant to 5 claim family pension will have to be refused on that ground.
8. To buttress the claim of applicant, the Learned Counsel for the applicant invited my attention to the Rule 75(6) Chapter VI of Railway Service (Pension) Rules, 1993 wherein it was provided that the family pension under the Rules will be admissible to only one of the person at a time to the following relatives of the applicant:
"(i) subject to first proviso, in the case of a widow or widower, up to the date of death or re-marriage, whichever is earlier;
(ii) subject to second proviso, in the case of an unmarried son, until he attains the age of twenty-five years or until he gets married or until he starts earning his livelihood, whichever is the earliest;
(iii) subject to second and third provisos, in the case of an unmarried or widowed or divorced daughter, until she gets married or remarried or until she starts earning her livelihood, whichever is earlier....."
9. According to Learned Counsel for the applicant, the 4 th respondent cannot claim any right as she is the divorced wife. 5 th respondent who is the daughter was aged 46 years and the 6th respondent was 40 years. Both of them are not entitled to make any claim, it was submitted.
10. The Learned Counsel for respondent No. 4 invited my attention to Annexure R4(c) by which the 4th respondent has staked claim for family pension consequent 6 to the death of Balan.
11. The Learned counsel for the applicant further relied on a decision in Bhagawanti v Union of India [1989 KHC 997] wherein it was held that when the Government servant gets married after retirement, his spouse and child born after retirement are entitled to pension.
12. Essentially the question now narrows as to whether the applicant is entitled to family pension on the strength of Annexure A3 marriage certificate. It emerges from the records that respondents have taken a contention that since requisite documents were not made available, it was intimated to the applicant by Annexure A5. Hence the request made by the applicant could not further be processed. However, according to the applicant by Annexure A7 and A8, the requisite documents have been forwarded. One the other hand, R4 has a case that she has not remarried, is retired and still continues as the nominated person entitled to pension. She has set up a rival claim.
13. Having considered the rival claims set up by the applicant as well as respondent Nos. 4 to 6, I am inclined to dispose of the O.A itself as follows:
The competent authority among the respondent Nos. 1 to 3 shall consider Annexure A9 and A10 applications submitted by the applicant and the documents produced by the applicant and shall consider whether any further documents are to be produced on the side of the applicant. If any document is found necessary, the 7 applicant may be called upon in writing, within a period of one month from the date of receipt of a copy of this Order, to produce such documents. Immediately on receipt of such documents or if the application is in order, the application of the applicant shall be considered after giving due notice to the respondent Nos. 4 to 6 along with Annexure R4C and after giving a reasonable opportunity to both sides of being heard and to decide on the person who is legally entitled for family pension consequent to the death of Balan. Final orders shall be passed within a period of 3 months thereafter. The pension along with entire arrears due to the appropriate person, who is found to be entitled, shall be disbursed within a period of two months thereafter and the pension shall be paid and continued to be paid in accordance with the laws.
14. The O.A is disposed of as above. No costs.
(Justice Sunil Thomas) Judicial Member bp 8 List of Annexures Annexure A1- True copy of pension payment Order dated 12.02.1998 in PPA no. PEN/SE/WAT/00058/1998 in PPO No.07030005898 of South Eastern Railway. Annexure A2- True copy of the common judgment dated 30/07/2004 in OP No-394/2003 in IA 402/2004 and IA 403/2004 on the file in the Court of the Judge Family Court, Kannur. Annexure A3- True copy of marriage certificate between K. K. Balan and Prema P issued by Mattannur Municipality.
Annexure A4- True copy of death certificate of late K. K. Balan issued by Kannur Corporation dated 19.11.2016.
Annexure A5- True copy of the registered letter No: Pen/Corresp/F.P/Rev/2281 dated 28.02.2018 issued from the office of the 2nd respondent. Annexure A6- True copy of the covering letter dated 12.06.2018 to the 2nd respondent. Annexure A7- True copy of the 2nd application for family pension dated 12.06.2018 submitted before the 2nd respondent.
Annexure A8- True copy of the Legal Heir Certificate of deceased K. K. Balan K.Dis.7216/2017/B4 dated 24.01.2019 issued by Tehsildar; Taluke Office Iritty. Annexure A9- True copy of the Covering letter dated 05.09.2019 for family pension. Annexure A10- True copy of the III application dated 04.09.2019 along with Annexure A9. Annexure A11- True copy of the receipt of the delivery of track consignment No. RL847552312IN issued by Department of Posts, Ministry of Communications, Government of India.
Annexure A12- True copy of the application dated 09.12.2019 under Right to Information Act - 2005 before the office of 2nd respondent.
Annexure A13- True copy of the reply No.ADMN/SE/RIA/Tr/998/40 dated 10.01.2020. Annexure A14- True copy of the petition, PIL. No-1672/2020 dated 14.02.2020 before the District Legal Service Authority: Thalassery.
Annexure R1- Photocopy of the Railway Boards letter dated 29.09.1993. Annexure R4A- True copy of the receipt issued from Santhwanam, Poothappara, Azhikkode, Kannur for the period 06.02.2010, 13.12.2010, 06.01.2011, 02.12.2011, 03.11.2012, 03.12.2012, 04.12.2013, 02.01.2014, 01.12.2014, 02.01.2015, 01.12.2015, 01.01.2016 and 31.08.2016.
Annexure R4B- True copy of the postal acknowledgment card. Annexure R4C- True copy of the communication dated 24.11.2018 sent by the 4 th respondent to the Divisional Railway Manager (P) South Eastern Railway, Waltair Division, Madhya Pradesh.
Annexure R4D- True copy of the Aadhar Card No: 8391 3485 1062 issued by Unique Identification Authority of India in favour of K K Balan.
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