Deceased Railway Employee's Married Daughter Who Had Customary Divorce Entitled To Family Pension: Gujarat High Court

The Gujarat High Court rejected Railways challenge to Central Administrative Tribunal's order directing payment of family pension to deceased employee's daughter— whose marriage was dissolved via customary divorce.

The father of the respondent daughter was an employee of the Railways, who retired on 05.10.1971 on attaining the age of superannuation. The daughter marriage ended in a "customary divorce" entered into between her and her husband on 12.10.1978. Thus during the father's lifetime the daughter's marriage stood dissolved by virtue of the customary divorce.

In 1985 the father passed away and as provided under the Rules, his wife i.e mother of the respondent, started receiving the family pension. Thereafter in 2015, the mother also passed away. The respondent made a claim for payment of family pension on 19.02.2015. However the Railways asked the respondent to furnish a decree of divorce in order to consider her claim for family pension.

Since the Railways sought for a decree of divorce, the respondent-initiated proceedings and ultimately the Family Court on 01.05.2017, granted her a decree of divorce. It is not in dispute that in these proceedings, the respondent did categorically aver that her marriage had, in fact, ended by way of customary divorce on 12.10.1978.

The Railways took the view that since the divorce had occurred only in 2017 which was after the pensioner had passed away in 1978, the daughter's claim could not be entertained.

She approached the Central Administrative Tribunal which directed the payment of family pension. Railways filed a Review on the ground that the form that her father, i.e., the pensioner had filled up in relation to the payment of gratuity did not indicate the daughter's name and so she was not entitled to family pension; the tribunal rejected the review plea. Against this the Railways approached the high court. 

A division bench of Justice NS Sanjay Gowda and Justice JL Odedra noted that a coordinate bench in Union of India vs. Rekhaben D/O Gopal Bhai N. Parmar (2021) had declared in a case relating to a Railway employee, that daughter of a Railway employee, who has obtained the customary divorce, is a dependent as provided under the rules and would, therefore, be entitled for grant of family pension. 

The bench noted that this judgment was accepted by Railways and had not been challenged before the Supreme Court. 

"In light of this legal position taken by the Division Benches of this Court on more than one occasion, the order of the CAT which fundamentally recognizes this fact and has directed payment of family pension cannot be found fault with," the bench said. 

The Railways however contended that in certain forms, the pensioner had not indicated the name of the respondent as his daughter and so she would not be entitled to pension. 

The daughter argued that the investigation into the claim for family pension was undertaken by the Railways on the death of her mother and in these proceedings, the Enquiry Officer has recorded a clear finding that the respondent is indeed the divorced daughter of the pensioner. 

"It is, therefore, clear that in light of this report, (a copy of which is produced at Page No.263), the status of the respondent, as being the divorced daughter of the pensioner cannot be in dispute. In the result, in light of the judgements rendered by the Division Benches of this Court and the established fact that respondent is the divorced daughter of the pensioner, she would be entitled for grant of family pension and the order of the CAT directing the payment of family pension to her will therefore be sustained," the bench directed. 

The court thus directed the Railways to provide family pension to the the daughter from the date of her mother's death, within 3 months.

The appeal was dismissed. 

Case title: UNION OF INDIA & ORS. v/s  LILAVANTIBEN B. SONEGRA

R/SPECIAL CIVIL APPLICATION NO. 10722 of 2024

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