Delhi High Court - Orders
Manisha vs Union Of India Through Its Secretary & ... on 15 September, 2023
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10917/2023 & CM APPL. 42278/2023
MANISHA ..... Petitioner
Through: Mr. S.K. Pathak, Ms. Jyoti Arya and
Mr. Ashish Kumar, Advocates.
versus
UNION OF INDIA THROUGH ITS SECRETARY & ORS.
..... Respondent
Through: Major Partho Katyayan, Army.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 15.09.2023 CM APPL. 42279/2023 & CM APPL. 42280/2023 Exemption is allowed, subject to all just exceptions.
W.P.(C) 10917/2023 & CM APPL. 42278/2023
1. Petitioner seeks quashing of E-Pension Payment Order No. 403202300079 dated 21.07.2023, whereby pension has been sanctioned in favour of respondent No.7 from the date she got divorce i.e. 03.11.2018.
2. Learned counsel for petitioner submits that respondents have applied CCS (Pension) Rules, 2021, though the said Rules do not apply.
3. Learned counsel further submits that the CCS (Pension) Rules, 1964 apply to the case of the petitioner as the father expired in 2018 W.P.(C) 10917/2023 1 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2023 at 21:35:28 and since petitioner became eligible immediately, there is no provision in 1964 Rules for withdrawing the pension which is once determined in favour of the petitioner.
4. Learned counsel for petitioner submits that immediately on demise of the father, petitioner became eligible for grant of family pension as she was the only unmarried dependent daughter living with the father at the time of his demise and respondent No.7 had already married and was not divorced.
5. He submits that even the second proviso to Rule 50 (9) (j)(vi) of the said Rules provides as under:-
"(9)(a) If the deceased Government servant or the pensioner is not survived by a widow or widower or if the widow or widower dies or ceases to be eligible for family pension, family pension at the rate specified in sub-rule (2) shall be payable to the child or children who fulfil the following conditions:
xxx x xx x x x
(j) Where a deceased Government servant or pensioner is not survived by a son or daughter eligible for family pension under clause (d) or clause (h) or if a son or daughter eligible for family pension under clause (d) or clause (h) dies or ceases to fulfil the eligibility conditions for family pension prescribed in those clauses, the family pension shall be granted or continued to be payable to an unmarried or widowed or divorced daughter beyond the age of twenty-five years for life or until she gets married or re-married or until she starts W.P.(C) 10917/2023 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2023 at 21:35:28 earning her livelihood, whichever is the earliest subject to the following conditions, namely:-
xxx x xx xxx
(vi) in the case of widowed daughter, death of her husband and in the case of divorced daughter, her divorce took place during the lifetime of the Government servant or pensioner or his or her spouse:
Provided that the family pension shall be payable to a divorced daughter from the date of divorce if the divorce proceedings were filed in a competent court during the life time of the Government servant or pensioner or his or her spouse but the divorce took place after their death:
Provided further that if, consequent on the death of the Government servant or pensioner and his or her spouse, the family pension to any other eligible member of the family has become payable before the date of divorce of daughter, the family pension to such divorced daughter shall not commence before the aforesaid member of the family ceases to be eligible for family pension or dies;"
6. He submits that in case the EPPO order referred to hereinabove is executed and amount paid, petitioner shall suffer irreparable loss.
7. Issue dasti notice to respondents, returnable on 11.10.2023.
8. In the meantime, the respondents are directed to defer payment under the EPPO to respondent No.7 as well as the petitioner till the next date of hearing.
W.P.(C) 10917/2023 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2023 at 21:35:29
9. Dasti under signature of the Court Master.
SANJEEV SACHDEVA, J MANOJ JAIN, J SEPTEMBER 15, 2023 NA W.P.(C) 10917/2023 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2023 at 21:35:29