Back
IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Asif Raza Khan - Appellant
Versus
Union of India - Respondent
W.P.(C) 932 of 2020
Decided On : 29-11-2022
| Table of Content |
|---|
| 1. claim for pension redemption due to disability. (Para 1 , 2) |
| 2. court's directive on petition reconsideration and grievance recourse. (Para 3 , 6 , 7) |
| 3. respondents' argument on maintainability and disclosure of disability. (Para 4 , 5) |
1. The present petition has been preferred by the petitioner, son of a HC/GD in CISF, who had served for a continuous period of 26 years till his death in service on 22.04.2007 after suffering a stroke. The petitioner claims to have attained 25 years of age on 15.09.2012 and his pension was stopped by the bank. The petitioner is seeking a direction to the respondents for redemption of his pension as he claims to be suffering 55% disability and not capable of earning a livelihood.
2. Petitioner claims to have filed various representations to the competent authority, however, no action has been taken by the respondents. Hence, this petition.
3. Pleadings are complete.
4. Learned counsel appearing on behalf of respondents submits that in Para-2 of the counter affidavit filed by the respondents, it has been averred that the present petition is not maintainable as the petitioner has not disclosed that he was 55% disabled at the time of submission of family papers. Our attention has been drawn to Handicapped Certificate issued by the Office of the Civil Surgeon cum C.M.O. Kaimur, Bhabua (Annexure-6) filed along with the counter affidavit in support of above submission.
5. Pertinently, by way of present petition, petitioner is seeking a direction to the respondents for redemption of his pension on the pretext that he is 55% disabled, which according to respondents was not brought to their knowledge.
6. In view of the above, we hereby dispose of the present petition with direction to the respondents to consider the present petition as a representation on behalf of the petitioner and to take a final call on it in the light of Annexure-6 attached to their counter affidavit, within four weeks. The decision so taken be communicated to the petitioner within one week thereafter.
7. Needless to say, if any grievance still persists, the petitioner is at library to have recourse to law before the appropriate Forum.
The court ordered the respondents to reconsider a pension claim, emphasizing the need for procedural fairness and timely decisions on representations.
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.
The importance of providing requisite documents, non-requirement of Guardianship Certificate in the case of physical disability, and the mandate for timely communication of the decision to the petiti....
Respondents are mandated to conclude disability pension eligibility within six weeks and communicate the decision promptly, ensuring timely justice.
Invalid pension can be granted for mental or physical infirmity before ten years of service under specific government rules, emphasizing the necessity of proper assessment and procedural fairness.
The central legal point established in the judgment is the assessment of disability pension under the applicable rules, emphasizing the principles of continuing cause of action and considering the ag....
The main legal point established in the judgment is the application of the continuing wrongs and recurring wrongs principle to service law disputes, along with the entitlement to disability pension u....
A petitioner can withdraw a writ petition to challenge a decision while preserving the right to reapply for relief through a fresh petition.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
