JABALPUR, India, June 13 -- Madhya Pradesh High Court issued the following judgment/order on May 12:

1. Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging order dated 16.12.2021 contained in Annexure P/1 passed by Director General, Home Guards and Civil Defence, Jabalpur. Petitioner is a divorcee and daughter of late Shanker Lal Shrivastava, who was District Commandant in Home Guards and retired on 30.4.2001. Wife of Shanker Lal Shrivastava expired on 8.6.2017. He filed an application to nominate his daughter for family pension which was rejected by impugned order as divorcee was not a dependent under Rule 48 of Madhya Pradesh Civil Services (Pension) Rules, 1976 (hereinafter referred to 'Rules of 1976').

2. Counsel appearing for the petitioner submitted that office memorandum dated 11.9.2013 was issued by Government of India Ministry of Personnel, P.G. & Pensions, Department of Pension and Pensioners' Welfare wherein it was clarified that dependent divorce daughters are also entitled for family pension of deceased employee subject to fulfillment of conditions of earning or dependency. It is submitted that on basis of said office memorandum benefit to divorcee daughter was granted by Punjab Haryana High Court and also by Apex Court in case of Khajni Devi Vs. Union of India and others filed as Annexure P/12 and P/13. It is submitted that similar benefit be extended to petitioner.

3. Government Advocate appearing for the State submitted that case of petitioner was duly considered by impugned order and petitioner was not found to be dependent in accordance with Rule 45 of Rules of 1976. No error can be found in the impugned order by which claim of petitioner was rejected. In view of same, petition may be dismissed.

4. Heard learned counsel for the parties.

5. Relevant provisions of Rules of 1976 for adjudication of dispute are quoted as under:- Rule 44(5)-Death-cum-retirement gratuity:-

For the purpose of this rule and Rules 45 and 46 'family' in relation to Government servant means :-

(i) Wife in the case of a male Government servant,

(ii)Husband, in the case of a female Government servant,

(iii)Sons including step sons and adopted sons,

(iv)Unmarried daughters including step daughters and adopted daughters,

(v)Widowed daughters including step daughters and adopted daughters,

(vi)Father, including adoptive parents in the case of individuals,

(vii) Mother, whose personal law permits adoption,

(viii)Brothers below the age of eighteen years including step brothers,

(ix) Unmarried sisters and widowed sisters including step sisters,

(x) Married daughters, and

(xi) Children of pre-deceased son.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/jabalpur/MPHCJB/2022/WP/1666/WP_1666_2022_FinalOrder_12-05-2026_digi.pdf)

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