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Judgment
Tarun Shridhar, Member (A)
The applicants seek grant and release of family pension which they claim they are entitled to as their father was a pensioner of Central Public
Works Department (CPWD). Subsequent to the demise of their father, his widow, i.e., mother of the applicants was in receipt of the family pension
and during her lifetime, she nominated her own daughters to her pension subsequent to her death. Mother of the applicants is no more and hence the
applicants lay claim to the family pension of their father.
Shri Amit Chawla, learned counsel for the applicants submits that they have made several representations in this regard to the concerned
authorities. However, they are yet to sanction and release family pension in favour of the applicants. He contends that the applicants are eligible for
family pension as both of them are unmarried daughters and one of them is suffering from mental disability rendering her incapable to earn livelihood
and another one is also not in a position to make a living. Hence they are fully dependent upon family pension.
Shri Ranjan Tyagi, learned counsel for the respondents wishes to file a comprehensive reply and submits that in case the applicants are entitled to
pension, the onus is on the applicants to submit a comprehensive representation,
Learned counsel for the applicants draws our attention to a letter written by Housing and Urban Affairs Ministry, Central Public Works Department
(CPWD) wherein the applicants have been advised to approach the PAO i.e. AD, Audit, AGCR Building, I.P. Extension, New Delhi, to get this claim
settled. This authority is respondent no. 2 in the present OA. Accordingly, in the interest of justice and to provide bonafide relief to the applicants, who
are said to be dependent only on this pension, I deem it appropriate to dispose of this OA at this initial stage with a direction to the respondent no. 2 to
finalise and settle the claim of the applicants for family pension strictly if they are entitled to the same in accordance with the rules governing the
subject. It is expected that appreciating the circumstances of the applicants, the respondents would take expeditious decision in this matter and
certainly not later than 8 weeks from the date of receipt of a copy of this order. There shall be no order as to costs.