LALRIMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By this writ petition the guardian of a disabled person has challenged the communication dated 31 st May 2005 issued by the Assistant Director (Pension) Government of Mizoram, denying the family pension to the disabled son of the Government servant under the provision of Rule 54 of the Central Civil Services (Pension) Rules 1972 (in short Pension Rules) on the ground that no declaration as required under Sub-Rule 12 of Rule 54 of the said rule was made by the Government servant about the disablement of his son while he was in service.

(2.) The fact involved in the present writ petition in brief is that Shri Rothangvunga was a group-D employee under the Government of Mizoram who retired from service on 31.3.2004 after rendering almost 29 years of service leaving behind three children i.e. two sons and one daughter, who subsequently died on 4.2.2005. After the death of the father an application on behalf of one of his son namely Master Lalrimawia was filed by his legal guardian Miss Lalenzami, his elder sister claiming family pension under Rule 54 of the pension Rules claiming that though he crossed 25 years of age, he being a perma nently disabled person is entitled to claim family pension under the said provision of law. Two medical certificates, one issued by the Presbyterian Hospital, Durtlang dated 18.2.2005 and another by the Board of Medical Examination, Government of Mizoram, Aizawl dated 23.3.2005 were enclose in support of the claim that the petitioner suffering from mental and physical retardation since childhood. The prayer for such family pension was rejected by the Assistant Director (Pension) vide communication dated 31.5.2005 on the ground of not making declaration by the Government servant during the period while he was in service and hence the present writ petition.

(3.) I have heard Mr. Joel J. Denga, learned counsel for the petitioner and Mr. N. Sailo, learned state counsel appearing on behalf of the respondents.