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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Jiwaji Rao – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 3000 of 2023
Decided On : 13-03-2023
Family Pension - Release of Family Pension - The court directed the petitioner to file an affidavit of Dependency and Income Certificate within two weeks and directed the respondents to treat the petition as representation and decide the same within four weeks. The court also clarified that the Guardianship Certificate is not required in the case of physical disability, and the decision taken should be communicated to the petitioner within one week thereafter.
Fact of the Case:
The petitioner sought the release of family pension along with 12% interest accrued after a specific date. The respondents had not taken a decision due to the petitioner's failure to provide the requisite documents.
Finding of the Court:
The court directed the petitioner to file an affidavit of Dependency and Income Certificate within two weeks and directed the respondents to treat the petition as representation and decide the same within four weeks. The court also clarified the non-requirement of Guardianship Certificate in the case of physical disability and mandated the communication of the decision to the petitioner within one week.
Issues: Failure to provide requisite documents, release of family pension, physical disability, communication of decision
Ratio Decidendi: The court emphasized the importance of providing the requisite documents and directed the petitioner to do so within a specified timeframe. The court also clarified the non-requirement of Guardianship Certificate in the case of physical disability and mandated the communication of the decision to the petitioner within a specific timeframe.
Final Decision: The court disposed of the petition by giving liberty to the petitioner to file an affidavit of Dependency and Income Certificate within two weeks and directed the respondents to treat the petition as representation and decide the same within four weeks. The court also clarified the non-requirement of Guardianship Certificate in the case of physical disability and mandated the communication of the decision to the petitioner within one week.
JUDGMENT (Oral)
1. The petitioner in his present petition has made following prayer:
a) To direct the respondents to release the family pension along with 12 % interest accrued in the favour of petitioner after 20.02.2019
2. Mr. Jatin Singh, Senior Panel Counsel accepts notice on behalf of the respondents and submits that the petitioner has not provided the requisite documents, therefore, decision has not been taken by the respondents.
3. After some arguments, we deem it appropriate to dispose of the present petition by giving liberty to the petitioner to file an affidavit of Dependency and Income Certificate within two weeks and the respondents are directed to treat the present petition as representation and decide the same within four weeks thereafter.
4. We hereby make it clear that since it is a case of physical disability for which the Guardianship Certificate is not required as per Rules, the respondents shall ignore the same while taking the decision.
5. The decision taken shall be communicate to the petitioner within one week thereafter.
6. Needless to say that if the petitioner still aggrieved, he may challenge the same before the appropriate forum.
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.
Respondents are mandated to conclude disability pension eligibility within six weeks and communicate the decision promptly, ensuring timely justice.
Entitlement to Family Pension - The entitlement to family pension from the date of the mother's death was upheld by the court, based on the implementation of the judgment by the respondents.
The court ordered the respondents to reconsider a pension claim, emphasizing the need for procedural fairness and timely decisions on representations.
Family pension for disabled child requires Medical Board certificate confirming disability prevents earning livelihood; authority's denial upheld where board opines ability to earn despite 55% disabi....
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