Central Administrative Tribunal - Delhi
Nitin Rana vs Guru Nanak Eye Centre on 16 December, 2025
1
OA 387/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No. 387/2025
New Delhi, this the 16th day of December, 2025
Hon'ble Mr. Ajay Pratap Singh, Member (J)
Nitin Rana, Aged about 36 years,
S/o Sh. Mahendra Singh Rana,
R/o House No.132, Bhitarla Mohalla,
Khera Kalan, Delhi - 110 082.
....Applicant
Versus
1. Guru Nanak Eye Centre,
Maharaja Ranjit Singh Marg,
New Delhi - 110 002.
2. Department of Health & Family Welfare,
9th Level, A-Wing, IP Extension,
Delhi Secretariat,
New Delhi - 110 001.
3. Services Department,
Govt. of NCT, Delhi
Delhi Secretariat Complex,
5th Level, B-Wing, &
5th Level A-Wing, IP Extension,
New Delhi - 110 002.
...Respondents
Advocate for Applicant: Mr. Umesh Mishra
Advocate for Respondents: Mr. H.A. Khan
ORDER (ORAL)
Per Hon'ble Mr. Ajay Pratap Singh, Member (Judicial):
Applicant is the husband of the employee-ex-Staff Nurse in Guru Nanak Eye Centre, New Delhi, Govt. of NCT of Delhi, died in harness and has invoked jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief(s) [as extracted from the OA] reads as-
"A. Pass an order thereby directing the respondents to grant family pension and medical card to dependant family members of Ms. Pooja under Delhi Government Employees Health Scheme (DGEHS)/Central Services (Medical Attendance) Rules and other benefits to the family members of late Ms. Pooja.
B. Award the cost of present proceedings.
C. Pass such other order/orders, which this Hon'ble Tribunal deem fit and proper to the facts and circumstances of the present case."
NARESH NARESH KUMAR
AHUJA
KUMAR 2025.12.22
AHUJA 11:36:29+05'30'
2
OA 387/2025
FACTS IN BRIEF
2. Briefly stated facts, as adumbrated by the applicant and are not in dispute, are that the wife of the applicant namely Mrs. Pooja Chaudhary @ Rana was a regular employee appointed to the post of Staff Nurse and joined on 17.06.2014 in the establishment of respondent no.1, and subscribed under National Pension Scheme, Government of India with PRAN No.110047600170. So also, Delhi Government Employees Health Scheme [in short DGEHS], GNCT of Delhi, Medical facility card was issued on 02.07.2015 (Annexure A-5). The wife of the applicant died on 15.02.2020 and left behind minor daughter namely Harleen Rana born on 17.07.2015 and in- laws.
3. Applicant submitted Form to exit from NPS due to death of the subscriber - and the applicant being claimant with 100% share and is entitled for family pension as per Rule 10 of CCS (Implementation of NPS) Rules, 2021 and also completed documentation for grant of family pension and issuance of DGEHS Card.
4. Per contra, respondents have filed the counter-reply affidavit dated 30.06.2025 and stated on oath that the applicant has submitted NPS related documents on 25.10.2021, but the same were not complete in all respects to process the pension case under NPS Scheme, whereas the process to grant of family pension had been initiated online-via-e-bhavishya portal and the applicant has completed the same on 30.04.2025, and now the case would be forwarded to Pay & Accounts Officer-XV for issuance of PPO in favour of the applicant. It is also stated in the counter that DGEHS Card in favour of family members of the deceased has been issued and delivered to the applicant on 22.05.2025.
5. Applicant has not filed any rejoinder denying the averments made in the counter-reply affidavit filed by the respondents.
SUBMISSIONS
6. Learned counsel for the applicant submitted that the applicant is entitled for grant of family pension and issuance of NARESH NARESH KUMAR AHUJA KUMAR 2025.12.22 AHUJA 11:36:29+05'30' 3 OA 387/2025 DGEHS Card being dependent family member of employee died in harness under DGEHS, CS (Medical Attendance) Rules and family pension under CCS (Implementation of NPS) Rules, 2021. However, in spite of completion of documentation, the respondents have neither released arrears nor monthly family pension accrued to the applicant.
7. Learned counsel for the respondents argued that the relief claimed in this case is two-fold - (i) so far as relief related to issuance of DGEHS, Health Card is concerned, the same has been issued and delivered to the applicant on 22.05.2025 and (ii) so far as relief related to payment of family pension and arrears is concerned, the same is being processed and needful will be done as expeditiously as possible as per law.
ANALYSIS
8. Heard Shri Umesh Mishra, learned counsel for the applicant and Shri H.A. Khan, Additional Standing Counsel for GNCTD, Delhi at substantial length and perused the material available on record.
9. The short issue for consideration/adjudication is -
"Whether the applicant is entitle4d for Family Pension and Health Card (DGEHS) being family member of deceased Ms. Pooja Chaudhary, ex-Staff Nurse, in Guru Nanak Eye Centre, New Delhi?"
10. Admittedly, the respondents have issued Health Card (DGEHS) in favour of the family members of deceased Ms. Pooja Chaudhary and the same has been delivered to the applicant on 22.05.2025, hence, the relief claimed related to issue of Medical Card to dependent family members, stands fulfilled.
11. So far as the issue related to grant of family pension is concerned, the stand of the respondents taken in the counter reply affidavit, particularly in paragraph 4 (Q), reads as -
"4(Q) That the process of Grant of Family pension had been initiated online via-e-bhavishya portal of which details to be filled by applicant has been completed by Sh. Nitin Rana on 30.04./2025 and further offline process has been completed after obtaining approval of the competent authority and now the case would be forwarded to Pay & Accocunts Officer-XV (PAO-SV) for further process for issuance of Pension Payment Order (PPO) in favour of the applicant soon. The Health Card (DGEHS) in favour of family members of deceased Ms. Pooja Chaudhary has already been issued and delivered to the applicant on 22nd May, 2025."
[Emphasis supplied] NARESH NARESH KUMAR AHUJA KUMAR 2025.12.22 AHUJA 11:36:29+05'30' 4 OA 387/2025
12. Respondent no.1/Guru Nanak Eye Centre, GNCTD has issued letter dated 13.09.2024 (Annexure A-18) addressed to the applicant stating that the applicant has applied for family pension and as per records available, the matter is under process and thereafter in another letter dated 18.12.2024 (Annexure A-20) it is stated that as per current status of the case, details have been updated on e- bhavishya portal for further necessary action. Now requisite Pension form is pending on the part of concerned official.
13. The Pay & Accounts Officer (PAO-XV), L.N. Hospital, GNCTD vide letter dated 18.08.2025 has informed PAO, Central Pension Accounting Office, Ministry of Finance, Government of India to allot PPO in respect of the applicant - Family Pensioner and also stated in clear terms that 'family pension case not submitted by Department due to administrative reasons'.
14. Admittedly, there is delay on the part of respondents of more than five years in this case and delay in disbursement of family pension and arrears thereto, occurred due to administrative reasons on the part of the respondents and no fault can be attributed to the applicant and vested right accrued in favour of the applicant as deceased employee expired on 15.02.2020.
15. PAO-XV, GNCTD on 18.08.2025 sent Proforma for allotment of PPO number to CPAO, PAO, CPAO, Ministry of Finance, Government of India for family pension in the case in hand followed by Reminder-II dated 24.09.2025 to allot PPO number in case of the applicant. Further, PAO-XV, GNCTD, vide letter dated 20.11.225 addressed to Head of Office, Guru Nanak Eye Centre/respondent no.1, requested to submit arrears of pension bill in Form-37 along with due-drawn w.e.f. 16.02.2020 @ Rs.26000 + DR to upto date so that PPO in case of applicant can be processed and sent to CPAO.
16. Respondents have stated in the counter reply affidavit, particularly in paragraph 4(Q), which has been extracted hereinabove, to the effect that the applicant has completed the documentation online as well as offline and now the case would be forwarded for issuance of PPO in favour of the applicant - family pensioner.
NARESH NARESH KUMAR
AHUJA
KUMAR 2025.12.22
AHUJA 11:36:29+05'30'
5
OA 387/2025
17. Having considered the submissions of learned counsel for the respondents and facts of the matter that case for issuance of PPO to family pensioner has been processed belatedly, the Tribunal is of the considered opinion that the equity is in favour of the applicant and the respondents are hereby directed to issue PPO in favour of the applicant for grant of family pension along with arrears from 16.02.2020.
CONCLUSION
18. In view whereof, the issue is decided in favour of the applicant as the grievance of the applicant is justified and he is entitled for the family pension.
19. Respondents are directed to process Pension Payment Order and settle the family pension along with arrears of pension in the case of the applicant - family pensioner, within a period of three months from the date of receipt of certified copy of the Order passed today, failing which the applicant would be entitled to interest on arrears from 16.02.2020 till the actual date of payment at the rate applicable to GPF deposits determined from time to time by the Government of India.
20. Resultantly, the Original Application stands allowed and disposed of in the above indicated terms.
21. However, there shall be no order as to costs.
22. As a sequel thereof, pending Misc. Application(S), if any, shall also stand disposed off.
(Ajay Pratap Singh)
Member (J)
/naresh ahuja/
NARESH NARESH KUMAR
AHUJA
KUMAR 2025.12.22
AHUJA 11:36:29+05'30'