Maya Banerjee v. Union of India: Arrears of family pension are payable from the date of employee’s death, not restricted by subsequent delayed approach.

34. Maya Banerjee v. Union of India & Ors.

2026 INSC 959

August 20, 2026

Family pension – Arrears – Conflicting decisions of coordinate Benches – Tarsem Singh and S.K. Mastan Bee – Subsequent Bench of equal strength bound by earlier decision – Doctrine of per incuriam – family pension payable from the date it fell due. [Railway Services (Pension) Rules; Constitution of India, Arts.21, 141]

FACTS

The appellant was the widow of a Railway employee who died in service on 12.11.2000. She was an illiterate woman and was unaware of her husband’s service details. Her husband was nevertheless dismissed from service after his death, contrary to the Railway Board’s circular requiring disciplinary proceedings to be closed upon death of the employee.

The appellant’s claim for family pension was not acted upon. She subsequently obtained a civil court decree declaring the date of her husband’s death. The High Court ultimately directed payment of family pension but restricted the arrears to the period from 2014, when she first approached the Central Administrative Tribunal.

The appellant claimed pen