S ABHIRAMI Vs. EMPLOYEES PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The appeal is filed by the differently abled daughter of a deceased employee who is covered under the Employees Pension Scheme, 1995. The employee, father of the petitioner, died when he was in service with M/s.Premier Tyres Limited, Kalamassery, an establishment covered under the Provident Fund and Miscellaneous Provisions Act, 1952 [for brevity "the Act"]. He was survived by his wife and only daughter, the petitioner. The mother was granted widow pension and the petitioner sanctioned 25% of the widow pension as children pension. The petitioner's mother re-married and hence she was subsequently dis-entitled to the widow pension granted to her.

(2.) The petitioner, through her mother, approached the authorities and this Court for orphan pension from the date of re-marriage of the mother. By Exhibit P1 judgment, this Court directed the mother to refund the pension drawn after her re-marriage and the respondent was directed to consider the disbursement of pension to the orphaned child. It is to be observed here that though the mother had been looking after the child; who also had represented the child in the proceedings, the description 'orphan' is only for the purpose of the Scheme of 1995.

(3.) The authorities granted orphan pension, which is 75% of the family pension. The contention raised before the learned Single Judge was that in addition to orphan pension, the disabled child is also entitled to children pension. The learned Single Judge extracted Clauses (3) and (4) of para 16 of the Scheme of 1995 and found against the petitioner, which is impugned in this appeal.