Calcutta HC: Divorced Daughters Eligible For Family Pension If Proceedings Began Before Parent's Death

Background Facts

The deceased employee retired from South Eastern Railway in 1983. Later he died in 2013. His divorced daughter applied for a family pension. The railway authorities rejected her claim in 2022. It was stated that the suit for divorce was filed much after the death of her parents. Therefore, divorced daughter cannot be considered as dependent upon her parents.

She challenged this before the Central Administrative Tribunal (CAT). It was argued that she was deserted by her husband in 1995 and had been dependent on her father since 1997. She mentioned that divorce proceedings were initiated during her father's lifetime. The Tribunal allowed her application in 2024 and directed the grant of the pension.

Aggrieved by the Tribunal's order, the Union of India filed the writ petition before the Calcutta High Court.

It was argued by the Union of India that the Tribunal's order was erroneous. They contended that the Department of Personnel office memorandum required a divorce decree to be granted during the pensioner's lifetime. Further the respondent filed her suit for divorce against her husband much after the death of her father as well as her mother. It was contended that respondent had failed to establish that she was in any way dependent upon her father on his day of death.

On the other hand, it was contended by the respondent daughter that she was dependent on her father since 1997 after being deserted by her husband. The divorce proceedings were pending during her father's lifetime.

Findings of the Court

The court observed that the respondent was deserted by her husband in 1995. She had been residing with her father since 1997, and had no independent income of her own. It was noted by the court that a suit for dissolution of marriage had been filed by the respondent's husband in 1996, during her father's lifetime.

It was further noted that in the year 2014, the daughter filed another suit for dissolution of marriage against her husband on the ground of desertion. The trial court observed on the basis of the admission of the husband that the daughter was deserted by her husband since 15.12.1995 that is during the lifetime of the pensioner.

Relying upon the Clause 6 of DO.P.T. OM dated 19.07. 2017, it was held by the court that the divorced Daughter should be granted family pension in cases where the divorce proceeding had been filed during lifetime of the Pensioner or his/her spouse, but divorce took place after their death.

The court distinguished this case from its earlier judgment in Union of India and others versus
Jayanti Chatterjee, which was relied upon by the UOI. It was observed that in Jayanti case, the applicant had failed to prove either dependency on the father or the initiation of any divorce proceeding during his lifetime.

Hence, the Tribunal's order to grant family pension to the respondent was upheld by the Division Bench. Consequently, the writ petition filed by the Union of India was dismissed by the Division Bench.

Case Name : Union of India & Ors. vs. Mita Saha Karmakar

Case No. : WP.CT 36 of 2025

Counsel for the Petitioners : D.N. Ray, Sr. Adv., Moumita Mondal, Adv.

Counsel for the Respondent : Asim Kr. Niyogi, Adv., Vaskar Pal, Adv.