UNION OF INDIA Vs. K DHANARATHINAM

JUDGEMENT

(1.) THIS writ petition is filed against an order passed by the Central Administrative Tribunal by which claim of the respondent for family pension as physically handicapped son of a deceased Railway Pensioner was allowed. The ground taken is that as the son is married, he is not a member of the family though he is handicapped. 'Family' is defined under Sub Rule 19(b) of Rule 75 of the Railway Services (Pension) Rules and son who has not attained the age of 25 years is a member of the family. Only unmarried daughters who have not attained the age of 25 years are included in the category of 'family'. With regard to the son, he will not lose the benefit merely because he is married and there is no such bar. As far as physical condition of the respondent was concerned, he has to walk with the help of two elbow crutches. The medical certificate also shows that there is 8cm shortening of the (Lt) lower limb. The certificate shows the following defects of the respondent: