S.ABHIRAMI Vs. EMPLOYEES PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Can the disabled daughter of a member who is covered under the Employees' Pension Scheme, 1995 and whose wife has remarried after his death, claim orphan pension and children pension simultaneously? This is the question that is to be decided in this Writ Petition.

(2.) The facts which need to be stated to answer the above question can be sequentially stated in the following lines:-

(3.) According to the petitioner, in terms of the order, the mother of the petitioner refunded a sum of Rs.48,000/-. It is urged in the writ petition that the petitioner is eligible for children pension as well as orphan pension. The orphan pension is 75% of the family pension which will come to Rs.1538.25/- and the children pension will come to Rs.527/-, thus totaling Rs.2051.25/-. What is being paid to the petitioner is only Rs.1538/-. Aggrieved by the above, the petitioner has approached this Court seeking the following prayers.