Central Administrative Tribunal - Madras
D V Santhi vs M/O Railways on 7 March, 2023
1 OA 493/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA NO.493/2022
Dated Tuesday the 7th day of March Two Thousand Twenty Three
CORUM: HON'BLE MS. L ATA BASWARAJ PATNE, JUDICIAL MEMBER
D.V.Santhi,
D/o.S.Villiyappan,
No.74, Chinnannan Chetty Street,
Velandhipalayam,
Coimbatore - 641 025. ... Applicant
By Advocate K.S.Govinda Prasad
Vs
1. Union fo India represented by the
Senior Divisional Personnel Officer/PGT
Divisional Office, Personnel Branch,
Southern Raiwaly, Palghat 678 009
Kerala.
2. The Assistant Divisional Finance Manager,
O/o.Sr.Divisional Finance Manager,
Southern Raiwaly, Palghat 678 009
Kerala. ... Respondents
By Advocate M/s.M.Santhini
2 OA 493/2022
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
"to call for the filed/records relating to the impugned order bearing No.J/P.OA.65/66-2021 dated 7.3.2022 issued by the 1st respondent herein and quash the same as non-est in the eye of law and thus render justice;
(b) to consequently direct the 1st respondent herein to issue suitable orders for payment of difference of family pension based on the rule position quoted by the Applicant in her representation dated 20.02.2020 as quoted in para 12 of the said representation and thus render justice;
(c) to consequently direct the 1st respondent herein to issue suitable orders for payment of interest on the belated payment of family pension and thus render justice;
(d) to consequently direct the 1st respondent herein to issue suitable orders fixing the family pension of the Applicant at Rs.8250+Allowances every month and also the amount of Family pension which she is entitled as per the 7th Central Pay Commission recommendations and thus render justice;
(e) to award exemplary costs to the applicant to be payable by the respondents herein and thus render justice;
(f) to grant such other relief (s) which may be prayed for and / or which this Tribunal may deem fit, proper and just to be granted in the facts and circumstances of the case and thus render justice."
2. The brief facts of the case as stated by the applicant are as follows:
The applicant is the divorced daughter of a Late Sri.S.Villiappan who retired from the railway service and died on 15.04.2014. The applicant being the divorced daughter has approached the respondent authority for grant of family pension in the year 2015 and the same has been rejected and against the said rejection the applicant has filed OA 1526/2016. Pending the said OA the respondents have informed the applicant in the year 2017 to submit all the required documents for sanction of family pension in accordance with the DOPT OM dated 29.07.2017. Thereafter the said OA has been disposed of by 3 OA 493/2022 order dated 29.01.2019 directing the respondents to conduct an appropriate enquiry through their own sources, if necessary within a period of two months from the date of receipt of the documents from the applicant and then pass a final order within one month thereafter. The authorities after receipt of the required documents sanctioned the pension by letter dated 26.11.2019 and issued necessary PPO.
2.1. After sanction of the said pension the applicant filed OAs 65 &66 /2021 before this Tribunal seeking a different amount of family pension alleging that though she has submitted a detailed representation dated 20.02.2020, however same has not been considered. Therefore, according to the prayer of the applicant this Tribunal by order dated 01.02.2021 directed the respondent authorities to dispose of the said representation by passing a reasoned and speaking order. Accordingly, by order dated 07.03.2022 the applicant's case has been considered and rejected stating that there were no such orders/direction in the OAs 65 & 66/2021 for payment of difference amount of family pension and neither her claim of payment of full family pension w.e.f 21.06.2014 nor its arrears due to the difference of pension and interest on family pension are admissible as there is no provision under the rules. Being aggrieved the applicant has filed the present OA challenging the same.
3. After notice, the respondents have entered appearance through their counsel and filed their counter and raised objections over the claim of the applicant and contended that the applicant is not entitled for the said full family pension. According to the respondents the family of the deceased employee would be entitled to the family pension under the Family Pension Scheme for Railway servants, 1964 and the amount which shall be determined at a uniform rate of thirty per cent of basic pay. 4 OA 493/2022
3.1 The respondents contended that though the applicant has requested for full pension of Rs.8250/- relief with effect from 21.06.2014 and its arrears due to the difference of pension, the widowed mother or dependent divorced daughter of the deceased employee can get only basic pension plus relief which is paid with arrears and hence the applicant is not eligible on par with her deceased father (i.e., ex-employee) who was receiving Rs.16500/- (i.e., Basic Pension of Rs.6750/- + Addl. Quantum of Rs.1350 DA of Rs.8100/- + Medical allowance of Rs.300 Rs.16,500/-).As per 6th CPC revised Pension Payment Order (No.0605211072) for pre 2006 retirees, the revised basic pension of the applicant deceased father is allowed only Rs.6750/- + relief (i.,e 50% of Rs.13500/- basic pay of Rs.9300-34800/-) and revised family pension is Rs.4050 +relief (i.e., 30% of of Rs.13500/- basic pay of Rs.9300-34800/-) only which is done as per the rules. Hence the sanctioned family pension of Rs.4050/- + relief with effect from 21.06.2014 to 31.12.2015 and Rs.12330/- + relief with effect from 01.01.2016 onwards as per Assistant Divisional Finance Manager, Palakkad Letter of Authority No.P.500/PGT/P/11072 dated 26.11.2019.
3.2 As per Railway Board Circular No.RBE No. 142/1997, family pension shall be calculated at a uniform rate of 30% of basic pay in all cases instead of slab system and shall be subject to a minimum of Rs. 1275/- p.m. and a maximum of 30% of the highest pay in the Railways (The highest pay in the Railways is Rs.26,000/- since 1.1.1996). Rule 75(2) relating to Family Pension, 1964 under Pension Rules shall stand modified to this extent and the existing table there under will be no longer operative. Also as per Railway Board Circular No.RBE No.99/2016, family pension shall be calculated at a uniform rate of 30% of basic pay in the revised pay structure and shall be 5 OA 493/2022 subject to a minimum of Rs.9000/- p.m. and maximum of 30% of the highest pay in the Government.
3.3 They further contended that there is no delay on their part as alleged by the applicant. The applicant was able to submit the requisite settlement forms/documents only on 12.06.2019 and thereafter the 1st respondent sanctioned the family pension and sanctioned letter was forwarded to the concerned officer on 13.06.2019. Family pension for wards of the deceased employees could be processed by finance department of Railways only after receipt of disbursement portion of Pension Payment Order of deceased pensioner/family pensioner from the concerned Central Pension Processing Center Bank and in the applicant's case the said exercise was done and amount was remitted by the applicant and the amount was remitted to Railways only on 18.11.2019 and family pension to the applicant has been arranged on 26.11.2019. Hence the respondents prayed for dismissal of the OA being devoid of merit. Accordingly they prayed for dismissal of the OA, being devoid of merits.
4. Heard learned counsel M/s.K.S.Govinda Prasad for the applicant and learned counsel Mrs.M.Santhini for the respondents and perused the OA as well as the records related to the case.
5. It is to be noted that this is the second round of litigation. In the earlier round of litigation the applicant has approached this Tribunal by filing OA 1526/2016 wherein the applicant had challenged the impugned communication dated 10.12.2015 and prayed for direction for grant of family pension on and from 16.04.2014. The applicant is the divorced daughter of the deceased employee who died on 15.04.2014 and the applicant's mother predeceased the applicant's father in the year 2011. She has filed HMOP No.1318/2013 on 16.12.2013 prior to the death of her father and obtained a 6 OA 493/2022 divorce decree on 20.06.2014. It is to be noted that as the policy did not permit the respondents to grant the family pension to the divorced daughter who was not dependent on the pensioner at the time of death, however, since there is a change in the policy and the DOPT has issued OM dated 19.07.2017 the relevant paras of the same is extracted hereunder:
5. This department has been receiving grievances from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of a Government employee/ pensioner had been instituted in the competent court during the life time of one or both of them but none of them was alive by the time the decree of divorce was granted by the competent authority.
6. The matter has been examined in this department in consultation with Department of Expenditure and it has been decided to grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death - provided the claimant fulfils all other conditions for grant of family pension under rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family pension will commence from the date of divorce.
6. It is to be noted that the respondents have also taken a decision by their letter dated 31.08.2017 and informed the authorities, to act according to the said guidelines issued by the DOPT. It is also to be noted that according to the OM issued by the DOPT that the matter pertains to the grant of family pension to the divorced daughters who have filed their divorce petition prior to the death of the employee, however, obtained a decree after the death, their cases will be considered from the date of divorce itself.
Accordingly, the respondents have suo moto revised the earlier order and issued a letter dated 29.12.2017 to the applicant and called for necessary documents to process her file for grant of family pension with specific instructions that upon verification of the documents as required by the office and if it is found in accordance with rules family pension will commence from the date of divorce. It is to be noted that the respondents have also given 7 OA 493/2022 reminders dated 29.12.2017, 09.02.2018, 06.08.2018 & 14.03.2019. Despite the said repeated communications, the applicant has not submitted the required documents. In the meanwhile, this Tribunal vide order dated 29.01.2019 disposed of the OA 1526/2016 directing the respondents to conduct an appropriate enquiry through their own sources, if necessary within a period of two months from the date of receipt of the documents from the applicant and then pass a final order within one month thereafter.
7. It is to be noted that after completion of the formalities the authorities have sanctioned the family pension by letter dated 26.11.2019 w.e.f 21.06.2014 till date. Letter has been addressed to the Canara Bank as well as copy has also been marked to the applicant. After the same the applicant has received her entire family pension as claimed by her which is not disputed. Though the applicant has received the said family pension, however she has submitted her representation dated 20.02.2020 wherein the applicant is claiming the interest over the delayed payment. Since there was no response, the applicant has again approached this Tribunal by filing OA 66/2021 and the same has been disposed of vide order dated 01.02.2021 with a direction to the respondents to decide the said representation by passing a reasoned and speaking order thereby the respondent authority by their order dated 31.05.2021 have rejected her claim on the ground that according to the direction given by this Tribunal in OA 1526/2016 her case has been considered and family pension sanctioned accordingly. Being aggrieved the applicant has challenged the said order in the present OA and claiming the interest over the alleged delayed payment.
8. Learned counsel for the respondents have submitted that on the earlier occasion her case was rejected on the ground that she has obtained the divorce decree subsequent to the death of the employee. The policy as well 8 OA 493/2022 as the rule has been observed by the co-ordinate bench of this Tribunal at Ernakulam in OA 1041/2014 and other connected OA wherein vide order dated 12.07.2016, the Tribunal have dismissed all the Oas filed by the divorced daughters saying that they are not entitled according to the rules. The said order has been upheld by the Hon. High court of Kerala as well as attained finality after the dismissal of the SLP filed by the divorced daughter before the Hon. Supreme court of India. It is also to be noted that the respondents after the issuance of the DOPT guidelines in the year 2017 they themselves have suo moto communicated to the applicant and directed her to submit the required original certificates for verification. It is to be noted that though there were repeated reminders from the respondents, however the applicant had failed to submit the said required documents as instructed by the respondents in time.
9. It is not in dispute that after the DOPT OM & RBE No.102/2017 dated 23.08.2017, the applicant's case has been reconsidered for grant of family pension and according to the direction of this Tribunal in OA 1526/2016, the respondents have considered the claim of the applicant after verifying the necessary documents and sanctioned the PPO on 26.11.2019.
10. It is not in dispute that the applicant is in receipt of the said family pension from the date of divorce as recorded in the PPO. It is also not in dispute that the applicant is in receipt of regular family pension according to the rules. It is also to be noted that the applicant has accepted the said pension. However, the applicant has not challenged the said PPO as well as not made out any specific grounds in the OA as to how she is entitled for the said payment as mentioned in her representation as well as in the OA by making allegations towards the authorities as they are not willing to pay the same.
9 OA 493/2022
11. On the other hand by filing a detailed reply the respondents have justified their rejection stating that though the applicant has requested for full pension of Rs.8250/- relief with effect from 21.06.2014 and its arrears due to the difference of pension, the widowed mother or dependent divorced daughter of the deceased employee can get only basic pension plus relief which is paid with arrears and hence the applicant is not eligible on par with her deceased father (i.e., ex-employee) who was receiving Rs.16500/- (i.e., Basic Pension of Rs.6750/- + Addl. Quantum of Rs.1350 DA of Rs.8100/- + Medical allowance of Rs.300 Rs.16,500/-).As per 6th CPC revised Pension Payment Order (No.0605211072) for pre 2006 retirees, the revised basic pension of the applicant deceased father is allowed only Rs.6750/- + relief (i.,e 50% of Rs.13500/- basic pay of Rs.9300-34800/-) and revised family pension is Rs.4050 +relief (i.e., 30% of of Rs.13500/- basic pay of Rs.9300- 34800/-) only which is done as per the rules. Hence the sanctioned family pension of Rs.4050/- + relief with effect from 21.06.2014 to 31.12.2015 and Rs.12330/- + relief with effect from 01.01.2016 onwards as per Assistant Divisional Finance Manager, Palakkad Letter of Authority No.P.500/PGT/P/11072 dated 26.11.2019. The Family of the deceased shall be entitled to family pension under the Family Pension Scheme for Railway Servants, 1964, and the amount of which shall be determined at a uniform rate of thirty per cent. of basic pay. As per Railway Board Circular No.RBE No. 142/1997, family pension shall be calculated at a uniform rate of 30% of basic pay in all cases instead of slab system and shall be subject to a minimum of Rs. 1275/- p.m. and a maximum of 30% of the highest pay in the Railways (The highest pay in the Railways is Rs.26,000/- since 1.1.1996). Rule 75(2) relating to Family Pension, 1964 under Pension Rules shall stand modified to this extent and the existing table there under will be 10 OA 493/2022 no longer operative. Also as per Railway Board Circular No.RBE No.99/2016, family pension shall be calculated at a uniform rate of 30% of basic pay in the revised pay structure and shall be subject to a minimum of Rs.9000/- p.m. and maximum of 30% of the highest pay in the Government.
12. In view of the above, I am of the considered opinion that the respondents have correctly fixed the family pension as per the rules and there is no delay or lapse on their part. Hence no interference is called for. OA being devoid of merits is liable to be dismissed. Accordingly OA is dismissed. No order as to costs.
(Lata Baswaraj Patne) Member (J) 07.03.2023 MT