The Court rules that a divorced daughter is entitled to family pension even if the divorce occurs after the pensioner's death, provided the divorce petition was filed during the pensioner's lifetime.
In a significant ruling, the Tripura High Court has granted family pension to a divorced daughter of a deceased Agartala Municipal Corporation employee, setting a precedent for similar cases in the future. The Division Bench, comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit, delivered the judgment on August 18, 2026, in the case of Ujjwala Rani Paul v. Agartala Municipal Corporation.
The appellant, Ujjwala Rani Paul, challenged the rejection of her family pension claim by the Agartala Municipal Corporation. Her claim was denied on the grounds that the pension rules, which allow a divorced daughter to receive family pension, were not adopted by the Corporation at the time of her father's death. Ujjwala had filed for divorce during her father's lifetime, but the divorce was finalized after his death.
The Court analyzed Rule 8 of the Tripura State Civil Services (Revised Pension) Rules, 2017, which permits a divorced daughter to receive family pension if she meets certain conditions, including dependency and income criteria. The Bench emphasized that the rules do not explicitly require the daughter to be divorced at the time of the pensioner's death. The Court also referred to a Government of India Office Memorandum dated July 19, 2017, which supports granting family pension to divorced daughters under similar circumstances.
The High Court criticized the Agartala Municipal Corporation's stance, highlighting that the rules and notifications applicable to the Central Civil Services (Pension) Rules, 1972, were automatically applicable to the Corporation. The judgment reflects a welfare-oriented interpretation of pension rules, aiming to support dependent family members of deceased pensioners.
The Court directed the Agartala Municipal Corporation to pay the family pension to Ujjwala Rani Paul from the date of her divorce decree, with arrears and interest. This ruling underscores the judiciary's role in ensuring social security for dependent family members and interpreting welfare legislation liberally.
Bottom Line:
A divorced daughter is entitled to family pension under the Tripura State Civil Services (Revised Pension) Rules, 2017, even if the divorce occurred after the death of the pensioner, provided the divorce petition was filed during the pensioner's lifetime and she fulfills other eligibility conditions.
Statutory provision(s): Tripura State Civil Services (Revised Pension) Rules, 2017 - Rule 8, Central Civil Services (Pension) Rules, 1972, Office Memorandum dated 19.07.2017
Ujjwala Rani Paul v. Agartala Municipal Corporation, (Tripura)(DB) : Law Finder Doc id # 2973732
