Family Pension Rights: Big Relief for Divorced Daughters from Calcutta High Court

Family Pension Rights: The Calcutta High Court has delivered a landmark judgment concerning the eligibility of divorced daughters for family pension, bringing significant relief to many. A division bench comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen ruled that a divorced daughter is entitled to receive family pension even if the divorce decree was granted after the death of the pensioner, provided the divorce proceedings were initiated during the pensioner’s lifetime.

This ruling clarifies the interpretation of dependency and legal proceedings in the context of family pension rules, ensuring that deserving beneficiaries are not denied their rights due to procedural delays in family courts.

Background of the Case

The case revolves around the daughter of a deceased South Eastern Railway employee. The employee retired in 1983 and passed away in 2013. Following his death, his daughter applied for a family pension. However, the railway authorities rejected her claim in 2022. Their primary argument was that the official divorce decree was granted well after the death of her parents, implying she was not technically “divorced” and dependent on them at the time of their demise.

Challenging this rejection, the daughter approached the Central Administrative Tribunal (CAT). She presented evidence that she had been deserted by her husband as early as 1995 and had been living with and dependent on her father since 1997. Crucially, divorce proceedings (initially filed by her husband) had commenced in 1996, while her father was still alive. In 2024, the CAT ruled in her favor.

Arguments and High Court’s Observation

Aggrieved by the CAT’s decision, the Union of India (representing the Railways) filed a writ petition in the Calcutta High Court. The counsel for the Union argued that under existing personnel rules, a daughter is only eligible if the divorce takes place during the lifetime of the government servant or pensioner. They contended that since her own divorce suit was filed in 2014 (after her father’s death), she was ineligible.

The High Court, however, looked deeper into the facts and legal provisions:

• Proof of Desertion: It was established that the daughter was deserted by her husband in 1995.
• Timeline of Legal Action: While the daughter filed a suit in 2014, her husband had already filed for dissolution of marriage in 1996. Thus, the legal battle for divorce was indeed pending during the pensioner’s lifetime.
• Dependency: The court acknowledged that she had no independent income and was residing with her father long before his death.

Legal Basis for the Verdict

The Court relied heavily on Clause 6 of the Office Memorandum dated July 19, 2017. This clause specifically addresses such scenarios, stating that a divorced daughter is eligible for family pension if the divorce proceedings were filed in a competent court during the lifetime of the employee/pensioner or their spouse, even if the final divorce decree is granted after their death.

The bench distinguished this case from previous judgments where claims were rejected because no legal proceedings had been initiated while the parents were alive. Since the legal process in this case began in 1996, the condition of the Office Memorandum was satisfied.

Case Details:

• Case Name: Union of India & Ors. Vs. Mita Saha (Karmakar)
• Case No: W.P.C.T. 36 of 2025
• Verdict: Petition by Union of India dismissed; Family Pension granted to the daughter.

The High Court upheld the tribunal’s order, dismissing the Union of India’s petition. This judgment reinforces the principle that the lengthy nature of matrimonial litigation should not penalize a dependent daughter who was practically separated and dependent on her parents during their lifetime.