ROHIT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. By this writ petition, petitioner has sought declaration that he being totally blind and illiterate is entitled to receive family pension under the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as 'the Rules of 1996'). He has sought further direction to the respondents to release family pension to the petitioner within specified period alongwith interest at the rate of 9%.

(2.) Briefly stated the facts of the case are that the petitioner's father retired on 31.3.1991 from the post of Office Superintendent, District Education Office, Bharatpur and was getting pension vide PPO No. 46046 till he died on 12.2.2011. Petitioner's mother died earlier on 11.9.2006 and petitioner's father had nominated the petitioner, his only son, totally blind since birth for family pension. Medical Board has also certified the petitioner as 100% blind since birth vide (Annexure-1) dated 23.10.2010. It is also stated in the writ petition that petitioner is facing miseries and starvation without any assistance being unable to earn himself.

(3.) Learned counsel submits that petitioner, being one of the nominee and a disabled person, is entitled for family pension. Further submission of the learned counsel for the petitioner is that in proviso to Rule 67 of the Rules of 1996, there is a Specific & General Mention of Disability therefore, General Mention of Disability in the definition of the "disability" given in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereafter referred to as 'the Act of 1995') will apply in the instant case.