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Judgment
Per: Hon’ble Smt. Urmita Datta (Sen), Member (J)
The applicant has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“a)An order / orders, direction / directions directing the respondent authorities to release the pensionary benefits in favour of the applicant in accordance with the CCS (Pension) Rules, 2021 w.e.f. the date of expiry of the applicant's husband.
b)An order / orders, / direction / directions directing the respondent authorities to consider the representation of the applicant.
c)An order / orders, / direction / directions directing the respondent authorities to grant the interest payable to the applicant for the period from which she was eligible for the grant of pensionary benefits till the date of release of the pensionary benefits in favour of the applicant.
d)An order / orders, / direction / directions directing the respondent authorities to act in accordance with law.
e)An order directing the respondent authorities to produce the records of the case before this Hon'ble Tribunal so that conscionable justice may be done.
f)An order directing the respondent authorities to act in accordance with law.
g)Costs and incidentals of the application may be awarded to the applicant.
h)Such other or further order direction or directions, as Your Lordships deem fit and proper in the interest of justice.”
It has been submitted by the Ld. Counsel for the applicant that the applicant is the wife of the deceased employee who died in harness on 25.03.2026. Thereafter, the applicant approached the authorities and filed an application on 30.03.2026 for disbursement of the admissible retirement benefits including family pension in favour of the applicant and her family members, which had been acknowledged by the authority on 01.04.2026 (Annexure A-3). The representation dated 30.03.2026 was followed by reminders through email on 12.05.2026, 11.06.2026 and 27.08.2026 (Annexure A-6 collectively). In the meantime, the applicant came to know that another lady, claiming to be the wife of the deceased employee, has also filed one application claiming retiral benefits. The Assistant Secretary (Home) has referred the matter to the Director General of Police with regard to the admissibility of pension to the daughter of the second wife. However, till date,Central Administrative Tribunal the applicant has not been paid the retirement benefits. Being aggrieved with the same, the applicant has filed the instant application.
In her application, the applicant has also enclosed an extract of the service book of the deceased employee. After going through her application, when the matter was heard on 16.09.2026, we had directed the respondents to produce the original service book of the applicant’s husband to ascertain whether the applicant’s name is there in the service book as a nominee or not. Today, the respondents have brought the service book of the deceased employee.
Ld. Counsel for the respondents has referred to one letter dated 02.05.2026 submitted by Smt. Deepa D.S. which reads as follows:
“With due respect, I regret to inform you of the untimely demise of my husband, Sh. Shajan S, who was serving as Head Constable (HC/2044) in your department. He passed away on 25.03.2026. I am unable to appear in person due to my three month pregnancy, and as there is a medical risk associated with travel. I humbly request you to kindly process the eligible service and death benefits in favour of our daughter, Deeksha Shajan (12yrs). I also request you to guide me regarding the necessary formalities and documents required to initiate and complete the claim process. I am enclosing herewith copy of relevant documents for your kind perusal. Additional documents, if required, will be submitted promptly. I request your goodself to kindly extend necessary assistance and expedite the process, considering the financial needs of the family.”
The said letter was received by the DIG Headquarters Office on 04.05.2026. Ld. Counsel for the respondents has further submitted that in view of the above, they have sought clarification from the Department of Legal Affairs. Vide letter dated 20.08.2026 addressed to the Director General of Police,Central Administrative Tribunal Andaman & Nicobar Island, the Assistant Secretary (Home) communicated that the matter has been examined in consultation with the Law Department, which has advised that Smti. Deepa D.S. may be asked to obtain a succession certificate from the competent Court of Law for release of the pensionary benefits in accordance with the provisions of the CCS (Pension) Rules, 2021. Ld. Counsel for the respondents has submitted that therefore, the respondents have not been able to disburse the family pension and other retiral benefits in favour of the applicant. Ld. Counsel for the respondents has prayed for some time to obtain some clarification from the Department in this regard.
We have heard the parties and perused the service book of the deceased employee as well as letter received by the Department on 04.05.2026 and communication dated 20.08.2026.
From the perusal of the service book of the applicant’s deceased husband, it is noted that the deceased employee had given the details of family declaration as on 04.09.2011 which is as follows:
“1.Name of the Government Servant: S. SHAJAN 2. Designation: HEAD CONSTABLE / 2044 3. Date of Appointment: 15/11/1997 4. Date of Birth: 25/02/1977 5. Details of the members of my family as on: 14/09/2011.
Sl. No. Name of the members of the family Date of Birth Relationship with the Officer Initial of the Head of Office Remarks 1. S. Shajan 25/2/1977 Self 2. Suma Chandran 18/06/1978 Wife 3. Vishnu S. Nair 28/01/2004 Son 4. Adarsh S. Nair 18/05/2010 Son
I hereby undertake to keep the particulars up to date by notifying to the Head of Office any addition or alteration. …..”
We also find that 100% share of the Provident Fund, Employees’ Group Insurance, Death-cum-Retirement Gratuity and Contributory Family Pension was nominated to be given to Smt. Suma Chandran, i.e. the applicant herein and in case of her death, to the two children Sri Vishnu S. Nair and Adarsh S. Nair. It is also noted that as per the service book, the deceased employee did not make any change with regard to nominee till his death.
The communication dated 20.08.2026 from the Assistant Secretary (Home) to the Director General of Police, Andaman & Nicobar Islands is as follows:
“I am directed to invite a reference to your letter No. 1-1/332737/2026 dated 08.06.2026 regarding the claim of Smti. Deepa D.S., stated to be the second wife of late S. Shajan, EX-HC/2044, for release of the pensionary benefits in favour of her daughter, Deeksha Shajan. As per the official service records, Smti. Suma Chandran is recorded as the spouse of late S. Shajan and Vishnu S. Nair and Adarsh S. Nair as his children. The names of Smti. Deepa D.S. and Deeksha Shajan do not appear in the records. The matter has been examined in consultation with the Law Department. The Law Department has advised that Smti. Deepa D.S. may be asked to obtain a succession certificate from the competent Court of Law for release of the pensionary benefits. Further, as per para 4 of the Department of Pension & Pensioners Welfare OM dated 10.10.2024, cases involving a second marriage during the subsistence of the first marriage are to be dealt with in accordance with the provisions of the CCS (Pension) Rules, 2021. The question regarding the legal validity of the second marriage and consequential eligibility for family pension is required to be examined separately in accordance with the applicable rules and, where necessary, in consultation with the Department of Legal Affairs. It is therefore, requested that Smti. Deepa D.S. may be advised to obtain a succession certificate from the competent Court of Law in respect of the pensionary benefits claimed by her and her daughter, Deeksha Shajan. The claim for family pension, if any, may be processed separately in accordance with the CCS (Pension) Rules, 2021 and the extant instructions on the subject.”
It is clear that the concerned employee died on 25.03.2026 and the applicant had approached the authority on 30.03.2026 which is evident fromCentral Administrative Tribunal the acknowledgement of the Deputy Superintendent of Police (DHQ), N & M Andaman District dated 01.04.2026 which is as follows:
“With reference to your application dated 30/03/2026, photocopy of family details form declared by HC/2044 S.Shajan during his service, as recorded in his service book, is enclosed herewith.”
On the other hand, the said lady Smti. Deepa D.S. approached the authority vide letter dated 02.05.2026, which was received by the authority on 04.05.2026. From the perusal of the above, it is clear that two months had already lapsed when they received the application from the so-called second wife of the deceased employee, however, no initiative had been taken for disbursing the family pension and retiral benefits in favour of the applicant as per the service book on the basis of her application dated 30.03.2026. It is also noted that as per settled law, the respondents are required to disburse the retiral benefits to the nominee of the deceased employee concerned. It is further noted that the nominee details of the applicant’s deceased husband were already available with the respondents till 04.05.2026.
In view of the above, we fail to understand as to why the respondents without processing and disbursing the family pension of the applicant as per the nominee details in the service book of the deceased employee, especially when the application had already been submitted by the applicant on 30.03.2026, took cognizance of another lady who approached 02 months after the death of the employee concerned.
Further, it is noted that Rule 79 in Chapter XII of CCS (Pension) Rules, 2021 has stipulated the following:
“79.Sanction of family pension and residuary gratuity on the death or Central Administrative Tribunaldisappearance of a pensioner or family pensioner
(1)Where the Head of Office has received an intimation or information regarding the death or disappearance of a pensioner or death or disappearance or ineligibility of a family pensioner, he shall ascertain whether any family pension or residuary gratuity or both in respect of the deceased pensioner or any family pension in respect of the missing pensioner or any family pension in respect of the deceased or missing family pensioner are payable and proceed as hereinafter provided.
(2)(a) (i) ……
(ii)The Pension Disbursing Authority shall commence disbursement of family pension, as authorized in the Pension Payment Order, to the widow or widower, whose name has been included in the Pension Payment Order, within one month of the receipt of a claim in Form 12 from the widow or widower along with a copy of the death certificate and an undertaking to the Bank in Format 9.”
It is very clear from the service book of the deceased employee that the applicant has been given 100% nomination as wife of the deceased employee and their two children in case of her death. Therefore, for the ends of justice, we dispose of the O.A. with a direction upon the respondents to disburse the family pension and all other admissible retirement benefits as per the nomination details provided in the service book of the deceased husband of the applicant within a period of 01 month from the date of receipt of a copy of this order.
Before parting with the case, we also observe that as per settled law and as per their own rules, the respondents are mandated to grant all pensionary benefits to the person whose name is there as a nominee in the service book of the deceased. However, if there is any further dispute thereafter, any party can approach the Civil Court separately for redressal of their grievance in that regard.
With the aforesaid directions, the O.A. stands disposed of. No order as to costs.