MADHUSUDAN PATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant in this case has approached this Tribunal with a prayer that the order dated 29.5.2008 of the Pay & Accounts Officer in the Ministry of Urban Development stopping the payment of family pension to him may be quashed. This order has been filed by him as Annexure -A/4 of the O.A. His further prayer is that his family pension should be granted and paid to him including the arrears. The facts of this case are that the father of the applicant was an employee of the Government of India Press in Santragachi, Howarah and was in receipt of pension after his retirement from service. He received his pension till the date of his death, i.e., 11.3.1991, and thereafter, the mother of the applicant received family pension till her death on 10.11.1999. The applicant is a physically handicapped person and suffers from congenital Nystagmus of 100% disability of visual handicap. The applicant being the legal heir and being entitled to receive family pension as per Sub -rule 6 of Rule 54 of CCS (Pension) Rules, 1964, made a representation to the authorities to grant family pension in his favour. His prayer was granted and he was issued with a P.P.O. No. 42850600458 dated 12.5.2006. The applicant received the arrears of family pension from 11.11.1999 to 31.5.2006 and was in receipt of monthly family pension thereafter. Subsequently, there was a new development which adversely affected the applicant. Respondent No. 3 in this O.A., i.e., Pay & Accounts Officer, Office of Pay & Accounts (Ptg.), Ministry of Urban Development, Salt Lake City, Kolkata, sent a letter dated 29.5.2008 to respondent No. 5, i.e., Pay & Accounts Officer, Central Pension Accounting Office, New Delhi, with a communication to the applicant, which is mentioned below.

(2.) THE applicant has mentioned that Rule 54(6) of CCS (Pension) Rules, 1964 provides that if the son or daughter of a Government servant is suffering from disorder or disability of mind (including mentally retarded) or is physically disabled so as to render him or her unable to earn a living even after attaining the age of (twenty five years) the family pension shall be payable to such son or daughter for life subject to the certain conditions.

(3.) IN the counter affidavit filed by the respondents, it has been mentioned that on 29.5.2008, the Pay & Accounts Officer (Prtg), Salt Lake, Kolkata, stopped payment of family pension to the applicant, married physically handicapped son of late Guna Pati, Ex. PPI, Government of India Press, being the holder of PPO No. 42850600458 on the ground that lifelong family pension to physically disabled married sons or daughters is not admissible as per clarification of Government of India, Railway Board letter No. F(E) -III/2003/PNI/43 dated 10.8.2005. It has been further mentioned that the Railway Board's letter is based upon Rule 54(6)(3)(b)(c)(d) of CCS (Pension) Rules, 1964, wherein it has been clarified that a daughter shall become ineligible for family pension under this sub -rule from the date she gets married. It is also clarified under the Rules that the family pension payable to such son or daughter shall be stopped if he/she starts earning his/her livelihood. It is argued in the counter affidavit that on the basis of Rules quoted above, the payment of family pension to the applicant was stopped on the ground that family pension will cease from the date of marriage solemnized of that physically handicapped daughter/son as it would be considered that he/she is no longer dependent on a family pension which had accrued on the demise of the father, who was a Government servant. It is further argued that the Railway Board's clarification is based upon the relevant rule of the CCS (Pension) Rules, 1972 and is applicable to all Central Government Offices. There is also no stipulation in the CCS (Pension) Rules, that a notice is required to be served that the family pension is being stopped on account of the marriage. As per Rule 54 Explanation (d), it is the duty of the guardian of disabled dependent son/daughter in every month to certify that he/she has not started earning his/her livelihood or a daughter has not yet married. When the dependent disabled sons/daughters get married, it should be construed that they no longer are dependent on the deceased fathers' family pension.