Central Administrative Tribunal - Jabalpur
Ku Kamla Bai vs Defence on 15 July, 2025
1 OA 200/774/2022
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/774/2022
Jabalpur, this Tuesday, the 15th day of July, 2025
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
Ku. Kamla Bai, aged about 52 years, D/o Late Smt. Gindo Bai,
Occupation : Nil, R/o 2141, Khinni Mohalla Damohnaka, Cherital,
Jabalpur through Guardian Shri Sukhlal Choudhary, S/o Late
Chakaudi, R/o 2141, Khinni Mohalla, Damohnaka, Cherital,
Jabalpur.
-Applicant
(By Advocate - Shri Shubham Nanepag)
Versus
1. Union of India through the Secretary, Ministry of Defence, South
Block, New Delhi - 110001.
2. Central Ordnance Depot, Post Box No.20 -908772, Jabalpur -
482001 through Commandant.
- Respondents
(By Advocate -Shri A.P. Khare)
(Date of reserving the order:- 20.06.2025)
ORDER
The applicant is that she has not been paid family pension of her father.
2. The applicant states that her father retired from service of the respondents w.e.f.30.06.1982. Soon after his retirement, the father of Page 1 of 6 ANUPAM2025.07.16 11:14:20 MISHRA +05'30' 2 OA 200/774/2022 the applicant died on 07.11.1982. Thereafter, mother of the applicant was getting family pension and she also died on 07.09.2021. During her lifetime, the mother of the applicant had submitted an application requesting the respondents to record the name of the applicant as her dependent. The applicant submits that she is mentally retarted with 40% physical disability and was fully dependent on her mother. Since now she is dependent on her brother, the brother of the applicant has been declared as legal guardian of the applicant by the National Trust for Welfare of Person's with Autism, Cerebral Palsy, New Delhi vide certificate dated 03.11.2021 (Annexure A-6). 2.1 The brother of the applicant submitted a representation dated 04.02.2022 (Annexure A-7) to the respondents requesting to insert his name in the PPO and also to grant family pension t the applicant. The applicant submits that despite several correspondence by her brother, no response has been received by the respondents till date.
3. Despite several opportunities, reply has not been filed by the respondents. Therefore, the matter was heard and decided in the absence of reply of the respondents.
4. Heard learned counsel for the parties and perused the pleadings and the documents available on record.
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5. Learned counsel for the applicant submitted that there is specific provision under Rule 50 of the CCS (Pension) Rules, 1972 where the family pension is payable to a son or daughter suffering from any disorder or disability of mind including the mentally retarded. He submitted that the formalities regarding grant of family pension to the applicant have already been completed by the applicant and despite forwarding the case of the applicant, no action has been taken till date.
6. Rule 50 of the CCS (Pension) Rules, 1972 provides for family pension to the dependent family member after the death of Government servant. Rule 50(9)(c) is the provision regarding grant of family pension to a child suffering from a mental or physical disability. Further Rule 50(9)(h) provides that a son or daughter above the age of 25 years of are eligible for family pension, who is suffering from any disorder or disability of mind including the mentally retarded or is physically disabled or suffering from any other disability. The relevant extracts of Rule 50(9)(h) are reproduced below:
50(9)(h) Where a deceased Government servant or pensioner is not survived by a son or daughter below the age of twenty-five years and eligible for family pension or where such son or daughter has died or has ceased to be eligible for family pension, the family pension shall be payable for life to a son or daughter who is suffering from any disorder or disability of mind including the mentally retarded or is physically disabled or suffering from any other disability referred to in the Rights of Persons with Disabilities Act, 2016 (49 of 2016) so as Page 3 of 6 ANUPAM2025.07.16 11:14:20 MISHRA +05'30' 4 OA 200/774/2022 to render him or her unable to earn a living even after attaining the age of twenty-five years, subject to the following conditions, namely:-
(i) the disability existed before the death of the Government servant or pensioner and his or her spouse;
(ii) if such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children below the age of twenty-five years in the order set out in clause (d) until the last child attains the age of twenty-five and thereafter the family pension shall be resumed in favour of the son or daughter suffering from a disability referred to in clause (h) and shall be payable to him or her, for life;
(iii) if there are more than one such children suffering from a disability referred to in clause (e), the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible or dies: Provided that where the family pension is payable to such twin children it shall be paid in the manner set out in clause (d);
(iv) the family pension shall be paid to a son or daughter, who is suffering from any disorder or disability of mind including the mentally retarded, through the guardian as if he or she were a minor except in the case of the physically disabled son or daughter who has attained the age of majority;
(v) before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the disability is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from,-
(A) an authority competent to issue disability certificate in accordance with the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Rights of Persons with Disabilities Rules, 2017 and the guidelines and notifications issued by the Central Government or a State Government or a Union territory administration; or (B) a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of disability, setting out, as far as possible, the exact mental or physical condition of the child.
(vi) the person receiving the family pension as guardian of such son or daughter or such son or daughter not receiving the family pension through a guardian shall produce a certificate, from,-Page 4 of 6
ANUPAM2025.07.16 11:14:20 MISHRA +05'30' 5 OA 200/774/2022 (A) an authority competent to issue disability certificate in accordance with the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Rights of Persons with Disabilities Rules, 2017 and the guidelines and notifications issued by the Central Government or a State Government or a Union territory administration; or (B) a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of disability including mental retardation, once, if the disability is permanent and if the disability is temporary, once in every five years, to the effect that he or she continues to suffer from a disability referred to in clause (h);
(vii) in the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the Government servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government servant or pensioner during his lifetime, to the person nominated by the spouse of such Government servant or family pensioner, as the case may be, later on and the Guardianship Certificate issued under section 14 of the National Trust Act,1999 (44 of 1999), by a local level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of the person suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as indicated in the said Act."
7. The disability certificate (Annexure A-5) issued by the District Medical Board reveals that the applicant is suffering mental disability to the extent of 40%. She is survived by his brother, who has been nominated as legal guardian of the applicant by the National Trust for Welfare of Person's with Autism, Cerebral Palsy, New Delhi vide certificate dated 03.11.2021 (Annexure A-6). Therefore, in view of the rule position as defined under Rule 50(9)(h) of the CCS (Pension) Rules, 1972, the applicant is entitled to get the family pension. Page 5 of 6 ANUPAM2025.07.16 11:14:20 MISHRA +05'30' 6 OA 200/774/2022
8. Accordingly, this Original Application is allowed and the respondents are directed to sanction the family pension to the applicant through her legal guardian as expeditiously as possible preferably within 60 days from the date of receipt of a copy of this order. No order as to costs.
(Akhil Kumar Srivastava) Judicial Member am Page 6 of 6 ANUPAM2025.07.16 11:14:20 MISHRA +05'30'