Aisha Kunju vs Deputy Director Of Education on 17 March, 2004
In the judgment in Aisha Kunju v. Deputy
Director of Education [2004 (2) KLT 174] this Court has held
that right to family pension is a part of the guarantee under
Article 21 of the Constitution of India and therefore there is no
justification in limiting the same to the date of submission of
application. In the present case, the petitioner is a physically
handicapped person. He is disabled and unemployed. In the
facts and circumstances of the case, I am of the view that
limiting grant of family pension to the petitioner with effect
from 01.01.2019 is highly arbitrary and discriminatory. The
petitioner is eligible to get family pension from 01.10.2014.