Family Pension--Divorcee Daughter-- Married Daughter Separated From Husband Not Eligible for Family Pension Under Pension Rules in Absence of Divorce During Pensioner's Lifetime
Eligibility for family pension as a "divorcee daughter" under the Tripura State Civil Services (Revised Pension) Rules, 2017 must be satisfied on the date of death of the pensioner. The right to receive family pension accrues at the time of death of the original pensioner or their spouse. A daughter whose divorce decree was obtained after the death of the pensioner does not qualify, as her status on the relevant date remained that of a married daughter. Courts cannot enlarge the scope of legislation where statutory language is plain and unambiguous.
