Extension of family pension beyond 25 yrs
Paul
(Querist) 23 July 2014
This query is : Resolved
Sir My Father is Railway Employ in Thoranagallu, Hubli (Division) and died in the year 2005, my Mother got Family pension for 1 1/2 year and she too Expired in the year 2006, from then i used get the Family pension till i complete 25yrs in the year 2008, as i unaware of the pension will stop at 25yrs, so one of family friend suggest the pension will come if we reproduce the documents of Unemployed, Unmarried/Single. It has taken for 2 yrs to arrange the documents and submit in the year 2010.
In the same Year (2010) i Got Married and settled in Hyderabad.
1. Applied for Extension of Family Pension to the Un-married Daughter
2. Produce the Marriage Certificate and asked for the Arrears settlement for the Period June 2008 to June 2010 (2 Yrs).
3. Visited frequently for the progress of the file, said and postponed by telling of the pending documents to submit
4. Finally the file has moved to accounts for settlement (July 2014)
5. But the Accounts People are saying the file will not accept because i got Married and why should the dept has to give pension arrears.
6. As per the Rule of Railway Board Containing in PARA 2 in RBE . No. 116/2007 it mention unmarried has get the pension till she get Married, but the pension has been stop for 2 Yrs and i am asking for the same 2 yrs. as i got marriage in 2010
7. But After 4 Yrs they are rejecting the file by saying some clauses
i request to guide me to get my Pension/settlement for the 2 yrs
Regards
Devajyoti Barman
(Expert) 23 July 2014
File a Writ petition of the nature of Mandamus in high court.
Raj Kumar Makkad
(Expert) 23 July 2014
Instead of you, your sister should file a writ petition before high court as already advised to you.
P. Venu 
(Expert) 24 July 2014
Pension rule has been amended making unmarried/widowed/divorced daughters eligible for family pension if they are otherwise unemployed.
As the matter relates to Railways, the proper forum is the Central Administrative Tribunal.
Rajendra K Goyal
(Expert) 24 July 2014
Agree with the expert raj kumar makkad ji.
Sudhir Kumar, Advocate
(Expert) 24 July 2014
I agree with Mr Venu. The matter cannot go to High court at petition state. You can file only at CAT.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
The rule quoted by you is to be seen to render proper opinion, because it does not appears to be rule but a local order. However, you may consult a lawyer dealing with service matter and proceed further as per his advise.
Guest
(Expert) 27 July 2014
Indian Railway Pension Rules provides for family pension to daughters of the deceased employees as follows:
"in the case of an unmarried or widowed or divorced daughter, until she gets married or remarried or until she starts earning her livelihood, whichever is earlier."
However, if the railway authorities have stopped pension irregularly, you may approach pension adalat, which is held periodically.
But, if there is any other doubt to the authorities, you may try to apply through pension sanctioning authority (if convinced about any hardship) for relaxation of Rules under the provisions of Rule 107 of the railway Pension Rules that prescribes, as follows:
Where the pension sanctioning authority is satisfied that the operation of any of these rules causes undue hardship in any particular case, that authority, may for reasons to be recorded in writing, approach the Ministry of Railways (Railway Board) for dispensing with or relaxing the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner. The Ministry of Railways (Railway Board) shall examine each such case and arrange to communicate the sanction of the President to the proposed dispensation or relaxation, as it may consider necessary keeping in view the merits of each case and keeping in view of an other statutory provisions.
Raj Kumar Makkad
(Expert) 27 July 2014
I do endorse the advice of Ld. Dhingra ji.
Guest
(Expert) 28 July 2014
Dear Shri Makkad,
Thanks for endorsing my advice.
Paul
(Querist) 08 August 2014
Dear Sirs
Thank you for Advice and incidence, in mean time we contact the Admn department they said the file is not return from Accounts & wait for few more days as they have some doughts about the file and taking advice from they HO(Central Railway) is the case is eligible as per Railway Rule.
1. Should i wait for the few more days (10 Days) for Result
2. If we going for Pension Adalat so where this depart will and should i appoint Lawyer for the case or myself can file petition in written to the Adalat.
3. Discuss with the accounts department also and explain that we are asking for the Arrears for 2 yrs between Un-married & Married
Thank You
Guest
(Expert) 08 August 2014
You are welcome.
Paul
(Querist) 08 August 2014
Mr Dhingra Sir, Suggestion should i wait for the final decision from the Railway.
Guest
(Expert) 08 August 2014
I have already suggested you to go to the Railway Pension Adalat. Arrear for the unmarried period can't be denied.
Raj Kumar Makkad
(Expert) 09 August 2014
You should wait till the decision of the Central Railway and a lawyer can also be got appointed for Railway Pension Adalat.
T. Kalaiselvan, Advocate
(Expert) 10 August 2014
If you are denied your privileges till the last, you may approach the Railways Pension adalat for relief and remedy.
