UNION OF INDIA Vs. BABA SINGH

JUDGEMENT

(1.) Order dated 8-9-2009 passed by the Central Administrative Tribunal, Jabalpur, Bench Jabalpur in O.A. No. 186/2009 is being assailed vide this petition under Article 227 of the Constitution of India. By impugned order the Tribunal while allowing Original Application has directed the petitioners herein to issue appropriate orders in favour of respondent/ applicant, granting him Family Pension in terms of Rule 54(6) (iv) of Central Civil Services (Pension) Rules, 1972 (hereinafter to be referred to as Rules of 1972). The original application in turn was directed against the communication dated 9-1-2009, whereby, General Manager (Administration) Ordnance Factory, Khamaria, informed respondent applicant the decision rendered by the Board constituted to assess the earning capacity of his livelihood in furtherance to an order passed in O.A. No. 123/2008 and as contemplated under Rule 54(6)(iv) of 1972 Rules. The Board assessed him having capacity to earn his livelihood. Accordingly, his claim for grant of family pension was declined.

(2.) The Family Pension was claimed by the petitioner, in lieu of death of his father, Dashrath Singh, who retired as Charge-man II, Ordnance Factory Khamaria on attaining the age of Superannuation on 31-5-1980 died on 1-2-2004, on the strength of Rule 54(6)(iv) of 1972 Rules, he being 40 % disabled and a bachelor.

(3.) Respondent preferred two original applications: O.A. No. 228/2007 and O.A. No. 123/2008 besides a Contempt Petition No. 35/2007, before filing O.A. No. 186/2009.