GOVERNMENT OF INDIA Vs. INDIRA

JUDGEMENT

(1.) Petitioner, the Union of India is the respondent in O.A. No. 697/2009 on the file of the Central Administrative Tribunal, Ernakulam Bench. The respondent is the applicant before the Tribunal. The respondent is the wife of Sankaranarayanan, who is the only issue of late K.P.V. Menon. K.P.V. Menon, who was an Under Secretary under the petitioner, retired from service on 31-1-1981 and died on 21-8-2005. Sankaranarayanan being mentally retarded, the respondent was appointed as guardian as per the decree in O.S. No. 332 of 2004 on the file of the Munsiff's Court, Alathur, and in that capacity she is pursuing the claim. Application for family pension was tiled claiming that Sankaranarayanan is physically and mentally disabled and therefore, irrespective of the age, by virtue of Rule 54(6) of the Central Civil Services (Pension) Rules, 1972, he is entitled to family pension. The petitioner rejected the claim. An application as O.A. No. 374/2008 was preferred before the Tribunal. The Tribunal by Annexure A-11 Order dated 12-12-2008 set aside the order impugned and directed the petitioner to reconsider the claim of Sankaranarayanan. Accordingly, the petitioner reconsidered the claim and by Annexure A-13 Order, the claim was again rejected by stating that since Sankaranarayanan is married, he is not entitled to get the family pension. Assailing that Order, the respondent approached the Tribunal with the 2nd application. By the order impugned dated 18-10-2010, the Tribunal arrived at a finding that Sankaranarayanan, being disabled, marriage is not a disqualification to claim family pension. Assailing the above order of the Tribunal, this Original Petition is filed. The question that arises for consideration is whether a disabled son of a servant of Union of India is ineligible to family pension after the marriage.

(2.) We have heard Sri T. Sanjay, Standing Counsel appearing for the petitioner as well as Sri Sajan Vargheese, learned counsel appearing for the respondent.

(3.) Rule 54(6) of the Central Civil Services (Pension) Rules, 1972 which is the relevant rule applicable for payment of family pension reads as follows: