KRISHAN KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE applicant is aggrieved by the orders dated 29.10.2012 (Annexure A/1) whereby the respondents have rejected his request for grant of family pension. He has prayed for direction to the respondents to grant him family pension.

(2.) BRIEF facts of the case are that the applicant is a 50% physically disabled person. His father was a railway employee and retired from service on 31.8.1980. He was getting his pension till his death on 19.10.2011. The applicant claims that he is unable to earn his livelihood being physically handicapped person. He had approached the respondent -authorities for grant of family pension by submitting a medical certificate issued by the District Medical Board dated 14.12.2012. However, the respondents had asked him to produce the certificate from the railway doctor. Since the railway doctor has opined that his mental faculty is normal, as such he can earn livelihood in spite of the fact that he is 50% physically handicapped, the respondents vide impugned order dated 29.10.2012 have rejected his claim for family pension.

(3.) LEARNED counsel for the applicant has relied on the decision of the Hon'ble Delhi High Court in the matters of Om Prakash v. Ministry of India Railways, : 149 (2008) DLT 599 (copy placed on record), wherein, in similar circumstances the petitioner has been held to be entitled for family pension.