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ratheesh b   21 July 2025

Can anyone help me with a judgement allowing family pension to disabled daughter/divorced daughter

Can anyone help me with judgement or citation allowing family pension to disabled daughter/divorced daughter?



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     22 July 2025

2004( Annexure A-13). Another Memorandum is dated 28.04. 2011 which provides that subsequently a widowed / divorced daughter were also held entitled to the grant of family pension irrespective of the fact that their divorcé took place after attaining the age of 25 years or before.

Ref: ARMED FORCES TRIBUNAL, REGIONAL BENCH CHANDIGARH ATCHANDIMANDIR -.- OA 16 of 2015 6th Jul 2023

 

21 May 2024 — - An unmarried son or an unmarried or widowed or divorced daughter, except a disabled son or daughter shall become ineligible for family pension

Central Administrative Tribunal - LucknowRubina Jamil vs Union Of India on 21 May, 2024

 Original Application No.332/00440/2018

 

 

If the child of a Govt. servant is suffering from any disability of mind or is physically disabled so as to render him or her unable to earn a living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life.

A disabled child may be eligible for family pension provided he/she fulfils all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn to receive family pension comes.

Non-intimation of physical/mental handicap doesnot make a child ineligible for family pension.

A disability certificate issued after the death of the employee/pensioner or his/her spouse for a disability which existed before their death may be accepted.

OM No. 1/18/2001-P&PW Dated 25-26/1/2016


 

Sudhir Kumar, Advocate (Advocate)     22 July 2025

You need not quote any citatin if your request is covered undeer existing law.

 

Family pension is admissible to divorced / widow / unmarried daughter. If she is not having income above Rs 9000pm and dependent upon the pensioner.

 

The Provision is similary in CCS(Pension) Rules, Pensrion rules for Army, Navy, Air Force and state Govts and even EPFO pensioners.

P. Venu (Advocate)     22 July 2025

What are the facts? What is the context?

ratheesh b   22 July 2025

Thank you very much 👍 for your concern & support. The case went in my favour at CAT Ernakulam. Great support.I am deeply indebted to all support.Thank you once again

R.K Nanda (Advocate)     22 July 2025

Search indian kanoon.com for citations. 

Sudhir Kumar, Advocate (Advocate)     29 July 2025

 

On 21.02.2025 you asked “

 

“Can anyone help me with judgment or citation allowing family pension to disabled daughter/divorced daughter?”

 

Next day o 22.07.2025 you are stating :-

“Thank you very much 👍 for your concern & support. The case went in my favour at CAT Ernakulam. Great support.I am deeply indebted to all support. Thank you once again”

 

 

It means that you have already won the case in CAT Erkl nd now came her to put the experts through an examination.

 

 


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