Central Administrative Tribunal - Jabalpur
Indra Kumar Tiwari vs Union Of India on 3 October, 2013
RESERVED
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
JABALPUR
Original Application No.387 of 2012
Jabalpur, this Thursday, the 03rd day of October, 2013
Honble Mr. Justice Dhirendra Mishra, Judicial Member
Honble Mr. G.P.Singhal, Administrative Member
Indra Kumar Tiwari, Aged 45 years,
S/o Pradyumn Tiwari, R/o House No.1154,
Behind Nanaji Ki Chakki, Chhoti Bajariya,
Garha, Jabalpur M.P. 482001. - Applicant
(By Advocate Shri Vikas Mishra, proxy counsel of Shri Rajneesh Gupta)
V e r s u s
1. Union of India, Through Secretary,
Defence Production, 101-A, South Block,
Gate No.11, New Delhi 110001.
2. The General Manager,
Ordnance Factory, Khamariya,
Jabalpur 482001. -Respondents
(By Advocate Shri Gautam Prasad, proxy counsel of Shri S.A.Dharmadhikari)
(Date of reserving the order : 17.09.2013)
ORDER
By Dhirendra Mishra, JM.-
The applicants father, late Pradyumn Tiwari, working under the respondents as Examiner HS-II expired on 19.12.2005 (Annexure A-1). After the death of the applicants father, respondents sanctioned family pension in favour of mother of the applicant (Annexure A-2). After the death of her mother on 07.02.2012, applicant submitted application for grant of family pension annexing disability certificate, as he is 100% disabled. However, the respondents have not decided his application till date.
2. Learned counsel for the applicant submits that as per provision of Rule 54(6) of the CCS (Pension) Rules, the children of the government servant, who suffer from permanent disability and unable to earn their livelihood, are entitled for family pension even after attaining the age of 25 years and above. From perusal of the disability certificate issued by the District Medical Board, it would be evident that the applicant is suffering from disability above elbow amputation (right) upper limb, above knee amputation (right) lower limb, and disability to the extent to 100%. On account of the aforesaid disability, the applicant is unable to earn his livelihood and he was solely dependent on his mother. After the death of his father, the applicants mother was receiving family pension, thereafter, the death of the mother, the applicant is also entitled for family pension as per Proviso to Rule 54 (6) of the Pension Rules.
3. He further submits that the Government of India, Ministry of Personnel, Public Grievance and Pensions, Department of Pensions and Pensioners Welfare, vide its office memorandum dated 16.01.2013 has communicated the decision of the Government to allow continuance of family pension to mentally/physically disabled children, who drew, are drawing or may draw family pension even after their marriage.
4. On the other hand, learned counsel for the respondents submits that the applicant is not entitled for family pension under Rule 54 (6) of CCS (Pension) Rules, 1972 as he is married and as per decision No.27 of Government of India, the married sons and daughters, who are suffering from any physically crippled or disabled are not entitled for family pension.
5. Heard learned counsel for the parties, perused the pleadings of the respective parties and documents annexed therewith.
6. It is not in dispute that after the death of the father of the applicant, applicants mother and the widow of the deceased employee was getting family pension and she died in the year 2012 (Annexure A-3). Rule 54 of the CCS (Pension) Rules, 1972 deals with family pension. In terms of Proviso to Rule 54 (6) of the Pension Rules, sons or daughters of the government servant, suffering from any disorder or disability of any kind including mentally retarded or physically crippled or disabled, so as to render him or her unable to earn a living even after attaining the age of 25 years, is entitled for family pension.
7. The respondents by reference to the decision No.27 (GI) Railway Boards letter No. F(E) 3/2003/PNI/43, dated 10.08.2005 under Rule 54 of the CCS (Pension) Rules, have argued that the Government of India has clarified that the married sons and daughters, who are suffering from any disorder or disability of mind (including mentally retarded) or physically crippled or disabled would not be eligible for family pension. However, the Government of India set at rest the above dispute vide its office memorandum dated 16.01.2013, produced by the respondents themselves and taken on record, whereby it has been decided to allow continuous of family pension to mentally/physically disabled children, who drew, are drawing or may draw family pension even after their marriage. In order to implement these decision, explanation Nos. 1 to 3 of Sub Rule 6 of Rule 54 of the Pension Rules have been suitably amended vide notification dated 27.12.2012.
8. In view of the above facts, we are of the opinion that the applicant, who is indisputably son of the deceased employee and is 100% disabled and not able to earn his livelihood, is also entitled for family pension even though he is married.
9. Accordingly, the Original Application is allowed and the respondents are directed to pay family pension to the applicant w.e.f. the date on which payment of family pension was stopped due to death of applicants mother. The applicant shall also be entitled for the arrears of family pension, which has not been paid to him. These directions should be complied with within a period of 60 days from the date of communication of this order.
(G.P.Singhal) (Dhirendra Mishra) Administrative Member Judicial Member am 4 OA 387/2012 Page 4 of 4