P.S. Gopinathan, J.

1. Petitioner, the Union of India is the respondent in O.A.No.697/2009 on the file of the Central Administrative Tribunal, Ernakulam Bench. The respondent is the applicant before the Tribunal. The respondent is the wife of Sankaranarayanan, who is the only issue of late KPV Menon. KPV Menon, who was an Under Secretary under the petitioner, retired from service on 31.1.1981 and died on 21.8.2005. Sankaranarayanan being mentally retarded, the respondent was appointed as guardian as per the decree in O.S.No.332 of 2004 on the file of the Munsiff's Court, Alathur, and in that capacity she is pursuing the claim. Application for family pension was filed claiming that Sankaranarayanan is physically and mentally disabled and therefore, irrespective of the age, by virtue of Rule 54(6) of the Central Civil Services (Pension) Rules, 1972, he is entitled to family pension. The petitioner rejected the claim. An application as O.A.No.374/2008 was preferred before the Tribunal. The Tribunal by Annexure-A11 order dated 12.12.2008 set aside the order impugned and directed the petitioner to reconsider the claim of Sankaranarayanan. Accordingly, the petitioner reconside