Can Kids Get Family Pension If Parents Separate Tribunal Answers

The Central Administrative Tribunal recently denied family pension to a divorced woman but granted the same to her children, holding that entitlement to family pension cannot be taken away solely due to a declaration made, or not made, by the railway servant.... The Central Administrative Tribunal recently denied family pension to a divorced woman but granted the same to her children, holding that entitlement to family pension cannot be taken away “solely” due to a declaration made, or not made, by the railway servant. The tribunal, presided over by Pankaj Kumar (member-administrative), was hearing a plea filed by the estranged wife and children of a retired railway employee who had passed away in 2019. The family was contending their entitlement to the family pension. “Their status as children of the deceased railway employee was not affected by the factum of divorce of their mother. Therefore, they are entitled to family pension in terms of rule 75(6)(ii) & (iii) of the Pension Rules”, the tribunal held on May 25. It was not disputed that the marriage between the woman and the late retired employee was dissolved, noted the tribunal, which was presided over by Pankaj Kumar (member-administrative). ‘Excluded wife, children from property’ An employee who was working as a technician grade-I under the railway authorities retired from service on July 31, 2016, and subsequently passed away on November 23, 2019. He had been married and had a son and a daughter from the said relation. The said estranged wife moved for the grant of family pension on September 2, 2022. The representation was rejected by the railway authorities by an order passed on October 27, 2022. The rejection was on the grounds that the late employee had filed an affidavit on July 21, 2009, stating that he had excluded his wife and children from his movable and immovable property and that he had been granted a divorce by the family court by decree dated August 1, 2016. The authorities also mentioned that the late employee had submitted an application on November 17, 2016, stating that he did not want to nominate any family member for family pension. Aggrieved by the said rejection, the applicants have approached the administrative tribunal. Also Read | ‘Father’s obligation absolute’: Minor kids can’t be denied maintenance due to mother’s remarriage, says court ‘Divorce does not affect status of kids’ The Central Administrative Tribunal observed that, as per Rule 75 of the Family Pension Scheme for railway servants Rules, 1964, "the family pension is payable to the widow (till her remarriage) and to the unmarried children of the deceased railway employee till they attain the age of 25 years, or they get married, or start earning their livelihood, whichever is earliest." It was not disputed that the marriage between the wife and the late retired employee was dissolved as per the judgment dated August 1, 2016, of the family court, Lucknow, the tribunal noted. The tribunal, in consequence of the above finding, held that since the presently