RBE No.110/2018: Pass Rules – “Widowed daughters” and “Legally divorced daughters”
No.E(W)2018/PS5-1/2, dated 06.08.2018
Sub: Clarification regarding inclusion of dependent “Widowed daughters” and “Legally divorced daughters” (LDD) in ‘Post Retirement Complementary Pass’ (PRCP) and Widow Pass.
Ref: Board’s letter No.E(W)2002/PS5-1/8, dated 16.04.2003 (RBE No.63/2003).
1. Clarification has been sought by two of the Zonal Railways, i.e. Eastern & South Central Railways regarding inclusion of (i) dependent widowed daughter and (ii) dependent LDD in Widow Pass with reference to instructions contained in Board’s letter cited under reference.
2. It is observed that in the clarification issued vide Board’s letter cited under reference, it has been stated that “legally divorced daughter and widowed daughter may be included in PRCP as dependent relative of the retired Railway servant, provided they reside with the retired railway employees and subject to fulfillment of the income criteria laid down for the purpose.” The phraseology (i.e. as dependent relative), has created a doubt with regard to inclusion of dependent LDD/ Widowed daughters in the Widow Pass as it gives an erroneous impression that they are to be treated as ‘dependent relatives’. Moreover, no co-residencey requirement has been stipulated in the pass rules but same has also been incorporated in the state clarification.
3. The matter has been examined in the light of statutory provisions contained in the Railway Servants Pass Rules, 1986 (Second Edition-1993) as under:-
(i) In terms of Rule 2(d)(v) & (vi) ‘family’ includes:-
– Widow daughters provided they are ‘dependent’ on the railway servant.
– Legally divorced daughter who is ‘dependent’ on Railway servant.
(ii) As far as PRCP is concerned, in terms of provisions (Col.3(i) of Schedule-IV), PRCPs can be issued to Railway servants for self, wife/ husband and children only, subject to the same condition as applicable to Railway servant in service. Accordingly, the aforementioned members of family i.e. dependent widowed daughters and dependent LDD are to be included in PRCP as children in view of the fact that they fall within the definition of ‘Family’ as defined under Rule 2(d) ibid.
(iii) As far as Widow Pass is concerned, in terms of provisions (Col.3(ii) of Schedule-V), Widow Pass can be issued on the same terms and conditions as are applicable to Privilege Passes except that dependent relatives are not entitled to be included. Since, Widowed daughters & LDD are not part of “dependent relatives”, but rather part of “family”, they are entitled to be included in Widow Pass as family members as in the case of Privilege Pass.
(iv) The word “dependent” has been used and Rule 2(d)(v) & (vi) of Railway Servants Pass Rules, 1986 (Second Edition-1993) w.r.t. widowed daughters and LDD. However, the dependency criteria has been provided below the definition of “dependent relatives” under Rule 2(c)(vii). The same definition for ‘dependency’ shall be followed for widowed daughters & LDD.
4. Keeping in view the statutory provisions, as contained in Railway Servants Pass Rules, 1986 (Second Edition-1993), it is now clarified that (i) dependent widowed daughters (ii) dependent LED are eligible to be included in PRCP and Widow Passes, provided they fulfill the income criteria of dependency stipulated in the proviso below Rule 2(c)(vii) of the aforesaid rules, as amended from time to time. The latest amendment to the said proviso, as contained in Advance Correction Slip No.75, issued vide this office letter No.E(W)2016/PS5-1/7, dated 24.11.2016 (RBE No.132/2016), may also be connected. Moreover, it may be noted that there is no requirement of co-residency of dependent widowed daughter/LDD with the PRCP/Widow Pass holders.
5. In view of foregoing, widowed daughters & LDD may be included in the PRCP/Widow Pass as eligible member of “family”, provided they are dependent on PRCP/ Widow Pass holders, without insisting on co-residency criteria.
6. This issues with the approval of Competent Authority and the concurrence of the Finance Directorate of Ministry of Railways.
Download Railway Board Circular RBE No.110/2018
Forward reference⇒RBE No.