Central Administrative Tribunal - Kolkata
Purabi Paul vs Deptt Of Posts on 6 January, 2026
1 O.A./350/0404/2025 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A./350/0404/2025 Date of Hearing:- 22/12/2025.
Date of Order:- 06/01/2026.
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member.
Purabi Paul (Divorce), daughter of Late Radharaman Paul (Ex. Employee), unemployed, aged about 56 years, residing at Kanchrapalli, P.O & P.S- Rayganj, Dist- Uttar Dinajpur, Pin- 733134.
...........Applicant
-Versus-
1. Union of India, service through the Secretary, Ministry of Communication, Department of Posts, Dak Bhawan, New Delhi- 110001.
2. The Chief Post Master General, West Bengal Circle, 12- C.R. Avenue, Yogayog Bhawan, Kolkata- 700012.
3. Sr. Superintendent of Post Offices, Dinajpur Division, Balurghat- 73310.
4. Assistant Superintendent of Post Offices, Raiganj Sub-Division, Raiganj- 733134.
5. Senior Postal Accounts & Finance, P-36, CR Avenue, Kolkata- 700012.
..........Respondents For the applicant(s) : Mr. T.K. Biswas (Counsel). For the respondent(s) : Mr. N.P. Singh (Counsel).
O R D E R. Per: Mr. Anindo Majumdar, Administrative Member.
1. This matter is taken up by the Single Bench for disposal in accordance with the order of the Hon'ble Chairman, CAT dated 10/09/2021 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and since no complicated question of law is involved.
Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
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2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
"a) An order directing the respondents to set aside the order dated 30/05/2016 annexure (A-5) and order dated 04/01/2023 and 11/01/2023 (A-8) and thereafter further directing the respondents to consider the Hon'ble Order dated 16/12/2021 (A-8), if applicant is eligible for family pension then release the family pension in favour of the applicant with all arrears.
b) Any other order or further orders as the Hon'ble Tribunal may deem fit and proper".
Facts of the Case.
3. The applicant is the daughter of late Radharaman Paul, a retired employee of the Department of Posts who had retired from service on attaining the age of superannuation on 31/10/1990 and was in receipt of family pension. Shri Radharaman Paul had expired on 21/07/2006 and after his death, family pension was paid to his widow, namely Smt. Madhuri Paul (The mother of the applicant) with effect from 22/07/2006. Smt. Madhuri Paul had expired on 08/10/2012.
4. The applicant, Smt. Purabi Paul is a divorced daughter of late Radharaman Paul. She had applied for family pension on 19/08/2015. Her claim was rejected by the respondent authority and she was informed accordingly vide letter dated 14/06/2016 (Annexure A-5) .The applicant had again represented for grant of family pension vide her letter dated 04/08/2016. She had submitted another representation for grant of family pension vide her letter dated 01/07/2022. The prayer of the applicant for family pension was reviewed by the Department but was again rejected on the ground that she did not fulfill the criteria for grant of family pension as Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.01.09 15:00:28+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/0404/2025 laid down in the Office Memorandum of the Department of Pension and Pensioners Welfare (DoP&PW) dated 11/09/2013 and 19/07/2017. Aggrieved with the rejection of her prayer for grant of family pension, the applicant has filed this Original Application seeking the relief(s) mentioned at Para 2 above.
5. Heard Learned Counsel for both the parties and have considered the material on record.
Submissions.
6. At hearing, the submissions made by Learned Counsel for the applicant are summarized below:-
6.1 The applicant was married to one Shri Ratan Paul on 31/01/2001.
However, due to marital discord, the applicant was residing in her parental house since 2004 till date as is evident from the address shown in the Aadhaar card, voter card etc of the applicant (Annexure A-2). 6.2 The applicant had filed an Application on 08/07/2015 (MAT- 05/2015) in the Court of the District Judge, Uttar Dinajpur, Raiganj praying for dissolution of the said marriage by a decree of divorce. The said application was transferred by the District Judge, Uttar Dinajpur to the Additional District Judge, 1st Court for disposal (Annexure A-
3). The said Court ordered and decreed, vide order dated 19/05/2015, (Annexure A-3) the suit ex-parte in her favour and by virtue of the said order, her marriage with Shri Ratan Paul was dissolved. 6.3 The applicant had submitted a prayer for grant of family pension to respondent No. 3 vide her application dated 19/08/2015 (Annexure A-4). The Superintendent of Post Offices, vide letter dated 15/09/2015 addressed to the Assistant Superintendent of Post Office, Raiganj, Sub- Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.01.09 15:00:28+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/0404/2025 Division had asked him to obtain some documents from the applicant for processing her case. As asked by the Superintendent Post offices, Dinajpur Division, Balurghat vide letter dated 09/02/2016, she had furnished an affidavit. The applicant was informed by the Superintendent of Post Offices, Dinajpur Division, Balurghat, vide his letter dated 14/06/2016 (Annexure A-5) that her prayer for grant of family pension has been rejected due to the fact that she did not fulfill the dependency criteria laid down in the Office Memorandum of the Department of Pension and Pensioners Welfare, Government of India dated 11/09/2013. Thereafter, the applicant had submitted another representation seeking reconsideration of the decision of the Department regarding grant of family pension to her. The applicant submitted a further representation dated 01/07/2022 for grant of family pension. However, the office of the General Manager (Postal Accounts and Finance), West Bengal Postal Circle, Kolkata, vide letter dated 04/01/2023 (Annexure A-8), informed the applicant that her prayer for grant of family pension was rejected on the ground that she had filed the divorce suit after the death of her parents, and that as such, she did not fulfill the criteria for grant of family pension laid down in the Government of India. Department of Pension and Pensioners Welfare OM dated 19/07/2017.
6.4 After her marital discord with her husband, the applicant has been residing in her parental home since the year 2004 and was completely dependent on our parents. She therefore fulfils the dependency criteria for grant of family pension.
7. At hearing, the submissions made by Learned Counsel for the respondents are summarized below:-
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
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7.1 The prayer of the applicant for grant of family pension had initially been rejected and the same was conveyed to the applicant vide letter dated 14/06/2016. The applicant had made a representation for reconsideration of the decision regarding grant of family pension to her vide her letter dated 13/07/2016. Her case was forwarded to the Postal Directorate. However, no positive outcome was received from the Directorate and the same was intimated to the applicant vide letter dated 14/10/2022. However, her case was again reviewed in the light of Department of Pension and Pensioners Welfare OM dated 19/07/2017. 7.2 The prayer of the applicant for grant of family pension was again rejected on the ground that she had filed a divorce suit in the year 2015 which was after the death of her mother who had expired on 08/10/2012. 7.3 The Department of Pension and Pensioners Welfare OM dated 19/07/2017 clarifies that family pension is admissible to a divorced daughter of a pensioner/family pensioner in cases where the divorce proceedings had been filed in the competent court during the lifetime of the pensioner or his /her spouse even if the divorce had taken 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. However, since in the instant case, the applicant had filed for divorce on 06/01/2015, i.e, after the death of her mother on 08/10/2012, but she is not eligible for grant of family pension in terms of the provisions of Rule 54 of the CCS (Pension) Rules, 1972.
Findings.
8. The Department of Pension and Pensioners Welfare vide their OM dated 11/09/2013 (Annexure A-8) have provided classification regarding Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.01.09 15:00:28+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A./350/0404/2025 eligibility of widowed/divorced daughter for grant of family pension. It was, interalia, clarified by the said OM that divorced daughters who fulfill all other conditions are eligible for grant of family pension if the decree of divorce had been issued by the competent court during the lifetime of at least one of the parents.
9. Further, clarification regarding the eligibility of divorced daughters for grant of family pension was provided by the Department of Pension and Pensioners Welfare vide their OM dated 19/07/2017(Annexure A-8). The said Office Memorandum is reproduced below:-
"No. 1/13/09-P&PW(E) Government of India Ministry of Personnel, P.G. & Pensions Department of Pension & Pensioners' Welfare 3rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi, 19th July, 2017.
OFFICE MEMORANDUM.
Sub:- Eligibility of divorced daughters for grant of family pension- classification regarding.
Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension) Rules, 1972.
2. As indicated in Rule 54 (8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death of remarriage of their mother/father, i.e, the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled children for life and then to the unmarried/widowed/divorced daughters above the age of 25 years.
3. It was, clarified, vide this department Office Memorandum of even number, dated 11th September, 2013, that the family pension is payable to the children as they are considered to be dependent on the Government servant/pension or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her turn provided he/she is still eligible for family pension when the turn comes.
Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
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4. It was clarified that a daughter is eligible, as explained in the preceding paragraph, may be granted family pension provided she fulfills all eligibility conditions at the time of death/ineligibility of her parents and still on the date her turn to receive family pension comes. Accordingly, divorced daughters who fulfill other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.
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 lifetime of the employee/petitioner or his/her spouse but divorce took place after their death- provide the claimant fulfills 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.
7. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID No. 1(11)/EV/2017, dated 7 th July, 2017.
Signed by (D.K. Solanki) Under Secretary to the Government of India Tel. No. 24644632".
10. The Provisions of the aforesaid Office Memorandum dated 19/07/2017 of the Department of Pension and Pensioners Welfare have been incorporated in the CCS (Pension) Rules 2021. Rule 50(j) of the CCS (Pension) Rules, 2021 is reproduced below:-
"(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 fulfill 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 earning her livelihood, whichever is the earliest subject to the following conditions, namely:-
(i) the family pension shall be initially payable to the children in the order set out in Clause (d) until the last child attains the age of twenty-five years;
(ii) there is no disabled child eligible to receive family pension in accordance with Clause (e);
(iii) the unmarried or widowed or divorced daughter was dependant on her parent or parents when he or she or they were alive;Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
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(iv) where a deceased Government servant or pensioner leaves behind more than one unmarried or widowed or divorced daughter beyond the age of twenty-five years, family pension shall first be payable to such daughter, who fulfill the eligibility conditions for grant of family pension under this sub-rule, in the order of their birth;
(v) The elder daughter shall be entitled to the family pension till she has got married or re-married or has started earning her livelihood, whichever is earlier and the younger of the daughters will be eligible for family pension after the elder next above her has got married or re-
married or has started earning his or her livelihood or has died;
(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";
11. The father of the applicant namely Radharaman Paul, a retired employee of the postal department, was in receipt of family pension. After his death on 21/07/2006, family pension was granted to his wife, namely Smt. Madhuri Paul, the mother of the applicant. Smt. Madhuri Paul had expired on 08/10/2012. The applicant had filed a suit for divorce on 06/01/2015 and the suit was decreed in her favour on 15/05/2015. It is therefore clear that the applicant had filed a divorce suit after the death of her parents. In terms of the Department of Pension and Pensioners Welfare Office Memorandum dated 19/07/2017 which has been reproduced in Para 9 above, the applicant is not eligible for grant of family pension. The Competent Respondent Authority was therefore justified in rejecting the prayer of the applicant seeking grant of family pension. Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
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12. In view of the above discussion, I am of the opinion that the instant original application lacks merit. The original application is accordingly dismissed without any order as to costs.
(Anindo Majumdar) Administrative Member //SKG// Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74 c00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781 b4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.01.09 15:00:28+05'30' Foxit PDF Reader Version: 2024.3.0