Decided on September 29,2011

Bababai Alias Laxmibai Baban Gadade Appellant
Union of India And Ors. Respondents


Jog Singh - (1.) IN this O.A., the applicant is mainly claiming Family Pension after the death of her husband on 10.07.2007. The brief facts, as submitted by the parties are that the husband of the applicant, namely - late Shri Baban alias Kisan Rakhmaji Gadade, was employed with the respondents as Fireman Grade -I. He superannuated on 31.8.1981. He was duly receiving his pension till his death.
(2.) THE case of the applicant is that she was legally married to said Baban alias Kisan Rakhmaji Gadade in the year 1945. They had two daughters and two sons. One son expired at the age of five. The other three children are as under: 1. Pandurang Kisan Gadade, residing at Talegaon. 2. Mrs. Suman Chiman Gaikwad (residing at Bombay). Mrs. Prabha Maruti Agarkar (residing at Talegaon). 3. After the death of her husband, the applicant requested the respondents to release the Family Pension but the same has been turned down. She has repeatedly approached the Pensioners' Association but to no purpose. Finally, after making written representation on 14.05.2010, she has approached this Tribunal seeking a direction to the respondents to release the Family Pension.
(3.) THE respondents have filed their reply and have admitted that said Shri Baban Rakhamaji Gadade was in their employment as Fireman till he attained the age of superannuation on 31.08.1981. He was duly getting the pension and after his death on 10.07.2007, the applicant approached the respondent. On scrutinizing the documents it was found that the name of the applicant was not shown as nominee/wife in the Pension Pay Order. As such, the respondents could not release Family Pension to the applicant. It is also submitted by the respondents that the applicant was not residing with her husband for the last many years. Therefore, she is not entitled to claim Family Pension. The respondents further submit that they have not maintained old records.;

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