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HARISH KUMAR
Mahendra Narayan Dutt, Son of Late Singheshwar Prasad Dutt – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Harish Kumar, J.
Heard Mr. Rajib Ranjan Jha, learned Advocate for the petitioner, Mr. Manish Kumar, learned Advocate for the State and Mr. Bindhyachal Rai, learned Advocate for the Accountant General, Bihar.
2. The petitioner is a retired Government employee, superannuated form the office of the District Magistrate, Banka on 31.12.1994 as Office Superintendent, has invoked the prerogative writ jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondents to include the name of his elder son, namely, Prem Kumar Dutt, as nominee in the pension book, who has been suffering from mental disorder and deaf and dumb, unable to earn a living.
3. Learned Advocate for the petitioner contended that the elder son of the petitioner is congenital deaf and dumb and is mentally retarded unable to earn living after attaining the age of 18 years. In course of treatment, it was diagnosed a small rounded, calcified nodule in right occipital region. Its impression is classified inflammation Granuloma in right occipital lobe. Considering the nature of disability, as has been suffering by the elder son of the petitioner, on the application made b
The court ruled that eligibility for family pension based on disability must be determined through proper medical assessment, not subjective judgment, emphasizing adherence to statutory requirements.
A disabled individual with a valid medical certificate is entitled to family pension, and such entitlement cannot be denied based on non-medical assessments of their past ability to work.
The court affirmed that the family pension for disabled dependents is a right, not a charity, and that authorities must exercise their discretion with compassion and sensitivity, ensuring that decisi....
Family pension rights cannot be limited by bureaucratic delays and should commence from the date of entitlement, reaffirming constitutional protections under Article 21.
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