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Kerala High Court

Union Of India vs K.Dhanarathinam on 19 February, 2007

Author: Koshy

Bench: J.B.Koshy, T.R.Ramachandran Nair

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5441 of 2007(S)


1. UNION OF INDIA, REPRESENTED BY THE
                      ...  Petitioner
2. THE DIVISIONAL RAILWAY MANAGER,
3. THE CHIEF MEDICAL SUPERINTENDENT,
4. THE SENIOR DIVISIONAL PERSONNEL OFFICER

                        Vs



1. K.DHANARATHINAM, S/O.K.CHAMY,
                       ...       Respondent

                For Petitioner  :SMT.M.R.SREELETHA, SC, RAILWAYS

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :19/02/2007

 O R D E R
                  J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

                  -------------------------------------

                           W.P.(C)No.5441 OF 2007

                  -------------------------------------

                          Dated 19th February, 2007



                                     JUDGMENT

Koshy,J .

This writ petition is filed against an order passed by the Central Administrative Tribunal by which claim of the respondent for family pension as physically handicapped son of a deceased Railway Pensioner was allowed. The ground taken is that as the son is married, he is not a member of the family though he is handicapped. 'Family' is defined under Sub Rule 19(b) of Rule 75 of the Railway Services (Pension) Rules and son who has not attained the age of 25 years is a member of the family. Only unmarried daughters who have not attained the age of 25 years are included in the category of 'family'. With regard to the son, he will not lose the benefit merely because he is married and there is no such bar. As far as physical condition of the respondent was concerned, he has to walk with the help of two elbow crutches.

The medical certificate also shows that there is 8cm shortening of the (Lt) lower limb. The certificate shows the following defects of the respondent:

 W.P.(C)No.5441/2007 2

"Physical examination Gait : Walks with the help of two elbow crutches Left Lower Limb Equinus deformity left lower limb Extensive scarring of the left lower limb from thigh to ankle The tibia is deformed There is discharging wound Thigh muscles are wasted Movements of Left Lower limb Hip Normally Left Knee Knee is in full extension. A jog of flexion is possible Ankle Stiff in plantar flexion 8cm shortening of the (Lt) lower limb compared to the (Rt) lower limb."

Even the Medical Board opined that he is not able to do any hard manual work. In the case of family pension matters of disabled dependents, of course, one has to look into the matter with compassion and sympathy. But, at the same time, rules cannot be violated. Central Administrative Tribunal found that the respondent is entitled to pension as per the Rules. We are in perfect agreement with the Tribunal.

 W.P.(C)No.5441/2007 3

State should not waste time and money in contesting such matters compelling the disabled dependents to contest in various courts. In any event, there is no patent illegality or perverse finding in the order of the Tribunal and this is not a fit case for attracting Article 227 of the Constitution of India.

The writ petition is dismissed.

J.B.KOSHY JUDGE T.R.RAMACHANDRAN NAIR JUDGE tks