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CAT’s decision: Divorced daughter is also entitled to get family pension of parents

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The Central Administrative Tribunal (CAT) has held that a daughter after divorce is entitled to the family pension of the parents. Giving a decision in favor of the woman (daughter), CAT has also clarified the guidelines and rules issued by the central government regarding family pension.

CAT rejected the contentions of the Central Government and Northern Railway, which said that the daughter is not entitled to family pension if the divorce is decided after the death of the parents.

CAT member Mohammad Jamshed said that it takes many years for a divorce to be decided, so it is unfair to treat a daughter who gets divorced during the life time of the parents as entitled to pension. He said that only it needs to be seen that the process of divorce has started while the parents are alive. Making this remark, CAIT has ordered the railway to give family pension to petitioner Anita after the death of her mother.

CAIT has said that as far as the present case is concerned, the petitioner had filed a petition for divorce in the court during the survival of her mother due to family dispute. Before she died, her mother had declared all her movable and immovable properties to be inherited by her daughter. CAT said that keeping in view these facts, the daughter is entitled to get family pension after the death of her mother.

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CAIT also quashed the December 2018 order of the Railways, which held that since the petitioner was divorced after the death of her mother, family pension could not be given to her.

What’s the matter?

Petitioner Anita’s father used to work in Northern Railway. He died in 1994. On compassionate grounds, the petitioner’s mother got a job in the Railways. Anita got married in 2010. In July 2014, she filed a suit in a Haryana court seeking divorce from her husband. In the year 2015, before the decision of Anita’s divorce came, her mother died. He had nothing for the livelihood of himself and his child, so he filed a report in the Railways and demanded family pension on the basis of being a divorced daughter.

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