Chairman, D.A.,Rani Lakshmi Bai ... vs Jagdish Sharan Varshney And Ors on 26 March, 2009
15. The reason given for rejecting the request for family pension on
ground of physical disability as coming out in the impugned
orders is by way of a bland reason that the physical disability is
not of such nature that prevents the applicant from earning a
livelihood. Applicant has a 80 % permanent disability confined to
wheelchair with no access to keep his body in a state of
preparedness and hardiness which has apparently not been
kept in mind by the competent authority. What should be the
nature of physical disability to disallow a disability family pension
has neither being specified in the impugned order or the counter
affidavit, so as to afford an opportunity to applicant to convert
the correctness of the impugned orders or for this Tribunal to test
the correctness of the decision of the competent authority. The
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impugned orders are arbitrary, unreasoned and not expected
from an administration which is responsible for ensuring the well
being of its constituent. I may say that exhibiting the necessity of
passing speaking and reasoned order, the Hon'ble Apex Court in
the case of Chairman, Disciplinary Authority, Rani Lakshmi Bai
Kshetriya Gramin Bank Vs. Jagdish Sharan Varshney and Others
(2009) 4 SCC 240 has in para 8 held as under:-