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The Calcutta High Court on Monday observed that a daughter who has been widowed after the demise of a pensioner is not entitled to family pension. 

The Bench of Justice Harish Tandon and Justice Rabindranath Samantha observed that, 

"A daughter who became widowed after the demise after her father/mother does not possess any fundamental or statutory right to claim family pension."

The Court was hearing appeal by Union of India against an order passed by the Central Administrative Tribunal, Calcutta Bench, Kolkata. In the matter, the Tribunal had directed the authorities to disburse pension to one Ratna Das as a dependent daughter of the deceased pensioner. However, Ratna Sarkar was married and widowed after the demise of the pensioner. 

By an office Memorandum dated 18.09.2014 it was clarified that it would be appropriate that in order to maintain equality before law family pension payable to such daughter should be discontinued. However, recovery of the already paid amount of the family pension would be extremely harsh on them and should not be resorted to. Ratna Sarkar has alleged that such provision is unconstitutional as it discriminates a girl child of the deceased on getting family pension.

Sarkar submitted that the provision for grant of family pension in favour of widowed/divorcee daughter beyond the age of 25 years was made vide office Memorandum dated 30.07.2004 and this provision has been included in clause (III) of sub Rule 54 (6) of Central Civil Services(Pension) Rules, 1972(in short CCS (Pension) Rules, 1972).

However, the Court did not allow such contention and held that a daughter who has been widowed after the demise of a pensioner is not entitled to family pension. 

The Court noted that as per Rule 54 (6) of the CCS(Pension) Rules, 1972, the benefit of family pension would be extended to an unmarried daughter till she attained the age of 25 years or until she got married whichever is earlier. Such benefit, subsequently was extended to a 9 widowed/divorcee daughter of a pensioner beyond the age of 25 years.

The Court noted that as per the legislative intent the scheme of family pension never included a daughter of a pensioner who was married at the time of the death of the pensioner, hence,

"A daughter who became widowed after the demise after her father/mother does not possess any fundamental or statutory right to claim family pension. In the absence of any legislation in this regard, the benefit of family pension cannot be extended to a daughter of a family pensioner who was married at the time of the death of her father/mother. It will be unwise on the part of this Court to exercise its extraordinary or discretionary power to come to any inference contrary to the policy decision of the Government," the Court noted. 

Thus the Court overturned the order of the Tribunal and held that the office Memorandum dated 18.09.2014 which manifests the very object of family pension enshrined in Rule 54(6) cannot be termed as discriminatory and ultra vires the constitution.

Union Of India and Others v. Ratna Sarkar