Central Administrative Tribunal - Lucknow
Shobhiya Khatoon vs Union Of India on 9 November, 2023
CAT, Lucknow Bench OA No. 332/00272 of 2021 Shobhiya Khatoon Vs. U.O.I & Ors
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
Original Application No. 272 of 2021
Order Reserved on: 07.11.2023
Order Pronounced on: 09.11.2023
Hon'ble Mr. Pankaj Kumar, Member-Administrative
Shobhiya Khatoon, aged about 49 years, W/o Late Gulam Mohammad
and D/o Late Allah Newaj, R/o- Naurojpur, Baghedi, Post- sherpur
Tehsil- Rudauli, District- Ayodhya.
.....Applicant
By Advocate: Sri Ajay Pratap Singh
VERSUS
1. Union of India, through its General Manager, Northern Railway,
Baroda House, New Delhi.
2. The Divisional Railway Manager, Northern Railway, Hazratganj,
Lucknow.
3. The Senior Divisional Finance Manager, Northern Railway,
Hazratganj, Lucknow.
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CAT, Lucknow Bench OA No. 332/00272 of 2021 Shobhiya Khatoon Vs. U.O.I & Ors
4. The Chief Employee Welfare Inspector, Northern Railway, Hazratganj,
Lucknow.
.....Respondents
By Advocate: Smt.Prayagmati Gupta
ORDER
Per Hon'ble Mr.Pankaj Kumar, Member-Administrative
1. This case is about non-payment of family pension to the widowed daughter of the deceased government employee and his spouse, on the ground of non-settlement of date of birth of the daughter.
2. The applicant has sought following reliefs:
1. To quash the impugned order dated 05.03.2021 passed by opposite party no. 1 (contained as Annexure No.A-1) with all con sequential benefits.
2. To direct the opposite parties to consider the case of the applicant for correction of incorrectly recorded date of birth in terms of OM dated 13.09.2012 and thereafter to pay the regular monthly family pension to the applicant including arrears alongwith interest at the rate of 18% per annum.
3. To pass any other order which this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case.
4. To award the costs of the case.Page 2 of 8
CAT, Lucknow Bench OA No. 332/00272 of 2021 Shobhiya Khatoon Vs. U.O.I & Ors 3.1 The factual matrix of the case is that the father of the applicant,Shri Allah Niwaj, appointed as Khalasi in Northern Railway retired on 30.06.2010 and passed away on 18.01.2012. He was survived by his wife, two sons and a daughter (the applicant). The mother of the applicant also passed away on 26.11.2017. The applicant herself was widowed earlier on 12.02.2010.
3.2 The applicant requested the respondents to make the payment of family pension to her vide application dated 13.05.2019. During the consideration of her case by the respondents, it was discovered that her date of birth as mentioned in the service record was 23.03.1973, while in the Aadhaar card issued by UIDAI, it was mentioned as 01.01.1972. A letter dated 05.03.2021 (Annnexure-1) of the OA was issued to the applicant, intimating her that her case has been closed temporarily because of non-submission of documents pertaining to difference in date of birth. Aggrieved, the applicant has preferred this OA.
4. Heard learned counsels of both the parties.
5.1 It is the contention of the applicant that the date of birth of the family pensioner/pensioner is required to be settled by the Head of the Department in terms of OM date 13.09.2012 issued by the Department of Pension and Pensioners' Welfare (DoP&PW).
Page 3 of 8 CAT, Lucknow Bench OA No. 332/00272 of 2021 Shobhiya Khatoon Vs. U.O.I & Ors 5.2 The applicant is entitled to claim and receive the family pension from the respondents in terms of Rule 75(6)(iii) read with 75(8) of the Railway Service (Pension) Rules, 1993 readwith OM dated 11.09.2013 issued by DoP&PW.
5.3 The case of applicant has been closed vide impugned letterdespite the fact that respondents could have exercised the power in terms of OM dated 13.09.2012 and corrected the discrepancy in the date of birth of the applicant.
6.1 It is the contention of the respondents that though the applicant is entitled to get family pension, being widowed daughter of late railway employee, but thedeceased employee did not inform the respondents during his lifetime that applicant was widowed and as such the applicant is not entitled to get family pension.
6.2 On receipt of the applicants application dated 18.05.2019 the respondents issued letter dated 21.08.2019 requesting her to furnish necessary documents for processing of grant of family pension. 6.3 In the application for the grant of family pension, the applicant has stated the date of birth as 01.01.1972, which is also shown in the Aadhaar card. In the service record of the late railway employee, Page 4 of 8 CAT, Lucknow Bench OA No. 332/00272 of 2021 Shobhiya Khatoon Vs. U.O.I & Ors however, the date of birth of the applicant is shown as 23.03.1973 as brought out by the inquiry conducted by the Welfare Inspector. 6.4 The applicant was asked to remove the discrepancies by submitting documents vide letters dated 05.02.2021, 05.03.2021 and 04.03.2021, but she failed to do so. As such the applicant is not entitlement to any relief.
7. During the hearing, the learned counsel for the applicant submitted that the substantive right of the applicant to family pension is being denied over a discrepancy on date of birth which is not material to the case and which should be settled by the Head of Department. On a query, the learned counsel for applicant stated that the divergent dates of birth do not prejudice the case of applicant. The learned counsel for the respondent, however, argued that it is incumbent upon the applicant to submit the documents required for the removal of discrepancy in the date of birth.
8.1 Grant of family pension to widowed or divorced daughter is governed in terms of DoP&PW's O.M. dated 11.09.2013 and under rule 54 (6) (iii) of CCS (Pension) Rules 1972. Based on the records of the case, in view of this Tribunal, the entitlement of the applicant to family pension, being the widowed daughter of the deceased employee and his late wife, is not Page 5 of 8 CAT, Lucknow Bench OA No. 332/00272 of 2021 Shobhiya Khatoon Vs. U.O.I & Ors in dispute. The issue raised by respondents is the discrepancy in the date of birth of the applicant and the failure of the applicant to supply documents to remove it.
8.2 The O.M. dated 13.09.2012 throws light on the procedure for change of date of birth of family pensioners. Relevant extracts from paragraph 1 and 4(ii) of this O.M. are reproduced below:
"1..... Only in case the details regarding date of birth/age are not available in the PPO/office records, additional pension/family pension to old pensioners/family pensioners has been allowed on the basis of certain documents i.e. PAN Card, matriculation certificate. Passport, CGHS Card, Driving Licence, Voter's ID Card and Aadhaar Number issued by UIDAI. ......
4(ii) The request for change of date of birth/age of the family pensioner (parents and spouse) in the PPO may be submitted by a pensioner/family pensioner to the Head of the Department of the organization where the Government servant had last served along with at least one of the documents mentioned in Para 1 above and a declaration on a non- judicial stamp paper regarding the correct date of birth of the family pensioner. The Head of the Department may allow the change in the date of birth of the family pensioner if he is satisfied that the conditions indicated in this Department's OMNo.38/37/08-P&PW (A)dated 21.5.2009 have been fulfilled and that a bona-fide mistake has been made in recording the date of birth in the PPO."
(emphasis supplied) 8.3 Though paragraph 4(ii) is specifically applicable to parents and spouse as family pensioners of the employee, for want of any other relevant rule or instruction produced before this Tribunal, it should serve as a guideline for case involving widowed daughter as family pensioner as well.
Page 6 of 8 CAT, Lucknow Bench OA No. 332/00272 of 2021 Shobhiya Khatoon Vs. U.O.I & Ors 8.4 It is evident the extracts of O.M. dated 13.09.2012 that Aadhaar number is a valid document for consideration of change of date of birth. Further, a declaration on non-judicial stamp paper is required to be submitted. On submission of these documents, the Head of Department is required to decide whether the change of date of birth is permissible in terms of relevant instructions.
8.5 The applicant submitted a declaration on non-judicial stamp paper regarding the date of birth of the applicant, certificate issued by Zila Panchayat and copy of Aadhaar card to respondents (paragraph 4.15 of OA).
8.6 There were two courses of action open to the Head of Department in terms of the O.M. dated 13.09.2012: either to accept the documents and change the date of birth on the basis of documents available or maintain the date of birth as mentioned in official record. Closing the request for family pension 'temporarily' and not deciding on the case of the applicant was arbitrary.
9. In view of the aforementioned facts and circumstances, the impugned order dated 05.03.2021 (Annexure-1 of OA) is quashed and set aside. The respondents are directed to settle the date of birth and release family pension as may be admissible to the applicant within a period of 3 months from receipt of certified copy of this order. If, for some reason, the respondents are unable to settle the date of birth, family pension as Page 7 of 8 CAT, Lucknow Bench OA No. 332/00272 of 2021 Shobhiya Khatoon Vs. U.O.I & Ors admissible shall be released to the applicant on the basis of date of birth entered in official record within the aforementioned period of 3 months, pending settlement of date of birth.
10. Accordingly, Original Application is allowed with above observations and directions. No order as to costs.
(Pankaj Kumar) Member (A) Warij Page 8 of 8