The Delhi High Court has set aside the order of the Central Administrative Tribunal (CAT) that had restricted the family pension of a widow from the date of filing her case. The Court ruled that Smt. Soni Devi is entitled to receive her family pension from the date of her husband’s death, i.e., 02 August 2009, along with arrears and interest.
Case Background
Smt. Soni Devi, the petitioner, challenged the orders of the CAT dated 09 September 2016 and 29 November 2016. The Tribunal had earlier directed the authorities to release her family pension but limited arrears only from 16 October 2014 (the date of her application before CAT).
Her husband, a railway employee, passed away on 02 August 2009. However, her claim for family pension was contested by the authorities, stating that her name was not included in the official family list. They also insisted she obtain a succession certificate.
Later, a letter from the Uttariya Railway Mazdoor Union enclosed an alleged unregistered will in favour of another woman, Smt. Sita Devi (respondent no.3). Based on this, her pension claim was delayed.
The Tribunal accepted that Soni Devi was the legally wedded wife of the deceased and there was no valid claim from any other person. Yet, it limited her arrears only from the date of filing the case.
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The Delhi High Court bench of Justice Navin Chawla and Justice Madhu Jain noted that neither respondent no.3 nor the Union of India challenged the Tribunal’s finding recognizing her as the rightful widow.
The Court stated:
“The denial of family pension to the petitioner was unjustified. Merely on a letter from the Union, which itself had no claim to the grant of family pension, the respondent should not have denied the family pension to the petitioner.”
The Court also rejected the argument that since she continued to pursue maintenance after her husband’s death, she should not get pension from 2009. It observed that matrimonial disputes do not take away the right to family pension unless there is a divorce.
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The Court ruled in favour of Soni Devi and directed:
- She is entitled to family pension from 02 August 2009 (date of husband’s death).
- Arrears to be paid within four months.
- Interest at 6% per annum on arrears.
- Petition allowed without costs.
Case: Smt. Soni Devi vs. Union of India & Anr.
Case Type: Writ Petition (Civil) No. 4501/2018
Date of Decision: 01 August 2025
Petitioner: Smt. Soni Devi (widow of deceased railway employee)
Respondents:
- Union of India
- Railway authorities
- Smt. Sita Devi (alleged beneficiary of unregistered will)
