The petitioner, a divorced daughter of late Francis D'cruz, who was once an employee of the respondent Port Trust, filed this writ petition ventilating the grievance that her Ext.P3 application was not considered by the fourth respondent after the death of her mother on 14.4.2012, though she had all along entirely been depending initially on her father and subsequently on the mother, who was drawing the family pension till her death. In this regard, the petitioner has placed reliance on Rule 54 Sub Rule 21 of Central Civil Service (Pension) Rules. The said Rule reads thus: “ 21. Dependent parents and widowed/divorced daughter also included in the definition of family from 1.1.1996.- For the purpose of grant of Family Pension, the definition of Family shall also include:
(a) Parents who were wholly dependent on the Government servant when he/she was alive, provided the deceased employee had left behind neither a widow nor a child.
W.P.(C)No.23072 OF 2014 : 2 :
(b) Son/daughter including *widowed/divorced daughter till he/she attains the age of 25 years or up to the date of his/her marriage/remarriage, whichever is earlier.
* Now widowed/divorced daughter is eligible for family pension for life.”
A perusal of the above Rule, makes it manifestly clear that a daughter includes widowed/divorced daughter but her entitlement shall be upto the age of her attaining 25 years or upto the date of her marriage or remarriage, whichever is earlier. In the present instance, the petitioner is indisputably beyond 50 years old.
In the facts and circumstances, in my considered view, the petitioner is not entitled to the family pension benefits in terms of the extant regulations. Accordingly, the writ petition is dismissed. No orders as to cost.
jes DAMA SESHADRI NAIDU, JUDGE