The Tripura High Court has ruled that a daughter who becomes divorced after the death of her father is not entitled to claim family pension under existing pension rules. The Court made it clear that eligibility must exist at the time of the pensioner’s death, not arise later.
Background of the Case
The case involved Smt. Ujjala Rani Paul, daughter of a former labourer of Agartala Municipal Corporation. Her father retired in 2004 and passed away in December 2018. At that time, her mother had already died.
The petitioner had been married earlier, but her marriage broke down, and she obtained a divorce decree in October 2021. Following this, she applied for family pension in February 2022 under the Tripura State Civil Services (Revised Pension) Rules, 2017.
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However, the municipal authorities rejected her claim in October 2024, stating that she was not eligible. This led her to approach the High Court.
Senior counsel for the petitioner argued that she had been dependent on her father for decades after being abandoned shortly after marriage.
It was contended that the pension rules do not explicitly require a daughter to be divorced during the lifetime of the pensioner. The counsel emphasized that creating such a condition would unfairly divide similarly placed individuals.
“The rules do not impose such a restriction,” the petitioner’s counsel argued, urging the Court to adopt a broader interpretation.
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The Agartala Municipal Corporation opposed the plea, stating that the petitioner was not a divorced daughter at the time of her father’s death in 2018.
According to the respondents, family pension rights arise immediately upon the death of the pensioner. Since the petitioner only became divorced in 2021, she did not meet the eligibility criteria at the relevant time.
They also relied on government clarifications which state that eligibility must exist when the pensioner dies.
Justice S. Datta Purkayastha closely examined the pension rules and noted that family pension is specifically meant for certain categories, including divorced daughters provided they meet the conditions at the relevant time.
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The Court observed,
“The right to receive family pension accrues on the death of the pensioner… the daughter must be a divorced daughter at that time.”
It further noted that although the petitioner was dependent on her father, her legal status at the time of his death was that of a married daughter separated from her husband not a divorced daughter.
The Court also highlighted that it cannot expand or rewrite statutory rules. Quoting settled law, it stated that courts must interpret the law as it exists, not as it ought to be.
The High Court held that the petitioner did not qualify for family pension under the 2017 Rules, as she became divorced only after her father’s death.
Accordingly, the writ petition was dismissed, with no order as to costs.
Case Details
Case Title: Smt. Ujjala Rani Paul vs. Agartala Municipal Corporation & Ors.
Case Number: WP(C) 132 of 2025
Judge: Justice S. Datta Purkayastha
Decision Date: 01 April 2026
