Central Administrative Tribunal - Jabalpur
Smt. Kiran Tiwari vs Union Of India on 8 September, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
Original Application No.710 of 2009
Jabalpur, this the 8th day of September, 2010
Honble Mr. Manoranjan Mohanty, Vice Chairman
Honble Mr. Hriday Narain, Administrative Member
Smt. Kiran Tiwari,
W/o Late Shri Rakesh Tiwari,
Aged about 49 years,
R/o Plot No.17, Trimurti Nagar,
In front of Saraswati Shishu Mandir,
Jabalpur M.P. - Applicant
(By Advocate Shri V.Tripathi)
V e r s u s
1. Union of India, Through the Secretary,
Ministry of Defence, New Delhi
2. Chairman, Ordnance Factory Board,
10 A, Dr. S.K.Bose Road, Calcutta (W.B.)
3. General Manager,
Ordnance Factory Khamariya,
Jabalpur M.P.
4. The Principal Controller of Defence
Accounts (Pension), Droupadighat,
Allahabad, U.P.
5. Shri Abhishek Tiwari,
S/o Late Shri Rakesh Tiwari,
Date of Birth 21.12.1981
C/O Shri Daya Shankar Tiwari,
267/2 Panchsheel Colony Saket Nagar,
Bari Ukhri, Baldeobagh,
Jabalpur (M.P.)-482002
6. Shri Anurag Tiwari,
S/o Late Shri Rakesh Tiwari,
Date of Birth 04.06.1983
C/o Shri Daya Shankar Tiwari,
267/2 Panchsheel Colony Saket Nagar,
Bari Ukhri, Baldeobagh,
Jabalpur (M.P.)-482002
7. Shri Shubham Tiwari,
S/o Late Shri Rakesh Tiwari,
Date of Birth 28.03.1998
Through Vidyavati Tiwari (Legal Guardian)
W/o Shri Daya Shankar Tiwari
267/2 Panchsheel Colony,
Saket Nagar, Bari Ukhri,
Baldeobagh, Jabalpur (M.P.)-482002 -Respondents
(By Advocate Shri R.S.Siddiqui)
O R D E R (Oral)
By Manoranjan Mohanty, VC.-
Family pension was being paid to the Applicant and private-Respondent Nos.5, 6 & 7 in equal shares. In the meantime, Respondent Nos.5 & 6 have attained majority. In the said premises, the Applicant and the Respondent No.7 levied claim to recast their family pension and pay them the whole family pension in equal share i.e. 50:50. Instead of considering the aforesaid grievance of Applicant (and that of the Respondent No. 7) to pay family pension at the rate of 50% to each of them (Applicant and Respondent No.7), the official-Respondents, apparently, are forcing them to approach the Civil Court to get a declaration to get the family pension @ 50:50. In the aforesaid premises, the Applicant has approached this Tribunal with the present Original Application.
2. At the hearing, it has been stated in the Bar, that under Rule 54 (7) of the Central Civil Services (Pension) Rules, 1972, on ceasing of the part of the family pension, of a pension-holder, the same shall not lapse, but the same shall be payable to the remaining family pension holders. Rule 54 (7) of the CCS Pension Rules, 1972 read as under:-
(7)(a)(i) Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.
(ii) On the death of a widow, her share of the family pension shall become payable to her eligible child :
Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.
(b) Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner.
Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.
(c) Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives, the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the Government servant or pensioner had she not been so divorced.
Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows and/or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.
(d) where the family pension is payable to twin children it shall be paid to such children in equal shares :
Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child/twin children.
3. In view of the above, on attaining the majority, part of the family pension, which was being paid to Respondent Nos. 5 and 6, is no longer payable to them and in the said premises, the entire family pension should be equally divided and paid to the surviving eligible members (Applicant and Respondent No.7) in equal share. In the said premises, having heard learned counsel appearing for the parties, we dispose of this case requiring the official-Respondents to pass orders granting equal share of whole amount of family pension in favour of the rest of the eligible members of the family {in terms of Rule 54(7) of the CCS (Pension) Rules,1972} i.e. the Applicant and Respondent No.7.
4. The entire exercise be undertaken by the Respondents positively within a period of 60 days from the date of receipt of a copy of this order, without compelling the Applicant to approach the Civil Court.
5. Send copies of this order to the Applicant and to all the Respondents (in the address given in the OA) by registered post. Free copies of this order be also supplied to the learned counsel appearing for the parties.
(Hriday Narain) (Manoranjan Mohanty) Administrative Member Vice Chairman km ?? ?? ?? ?? 1 OA 710/2009 Page 1 of 4