MS SANOBER KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition challenging the order, dtd. 7/6/2022, (Annexure P/1) whereby her claim for grant of family pension has been declined by the respondent-District Pension Officer, Shivpuri.

(2.) The facts necessary for decision of this case are that the petitioner's father late Shri Israr Ahmed Khan was working as Hostel Superintendent at P.T.I., Industrial Training Institute, Shivpuri. He retired from service w.e.f. 31/10/1999 and was availing benefit of regular pension from the State Government till he expired on 3/12/2019. The petitioner's mother predeceased her father on 21/1/2016.

(3.) The petitioner submitted her claim for family pension before the respondents. The claim was rejected on the ground that she has crossed the age of 25 years and as per Rule 47 of M.P. Civil Services (Pension) Rules, 1976, an unmarried daughter above 25 years of age is not entitled to family pension. The petitioner, thereafter, made another application on 13/5/2022 (Annexure P/6) stating therein that she has undergone three major open heart surgeries for ASD, Valve replacement and Removal of Aortic Ridges. It was also stated that she has undergone one spine surgery and a permanent Pacemaker has been implanted for total heart blockage. It was stated that because of these surgeries, she is in total heart block condition and is not able to do her daily routine work and unable to earn her livelihood. The petitioner, therefore, requested the respondents to extend the benefit of family pension as she is physically disabled within the meaning of Rule 47(6) of Pension Rules. This application of the petitioner has been rejected by the respondent-District Pension Officer vide impugned communication, dtd. 7/6/2022, (Annexure P/1) again on the ground that since she has attained the age of 25 years, under the Pension Rules, she is not entitled to family pension. Challenging this communication, the petitioner has filed the present writ petition.