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2024 Supreme(Ker) 682

AMIT RAWAL, EASWARAN S.
Satheesh Raj Pillai S/o V. Rajan Pillai – Appellant
Versus
Union of India, Represented by General Manager South Central Railway – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Arsha Satheesan, Premji Sukumar, Jijumon H.
For the Respondent: K.R. Rajkumar.

JUDGMENT :

EASWARAN S., J.

1. Can a claim for disability benefit be declined by the authorities on the ground that a 100% deaf and dumb person with complete blindness in the left eye could maintain himself by earning a livelihood. The report of the Medical Board which holds so by Railway Establishment found favour with the Central Administrative Tribunal (‘the Tribunal’, for short). Faced with the said situation, the applicant had come up with this Original Petition under Article 227 of the Constitution of India.

2. Succinctly the facts are as follows:

    The applicant is the disabled son of late V Rajan Pillai, who was an employee of South Central Railway and had voluntarily retired on 28.2.2005, later expired on 1.6.2018. Mrs. T. Radhamma, the wife of late V Rajan Pillai also expired on 19.11.2021. After the expiry of his parents, the applicant claimed disability pension with the respondents. The death certificates, the income certificate and also the disability certificate were produced before the respondents. However, obviously for strange reasons, the claim of the petitioner was turned down under Annexures A14 and A15. The reason for turning down the claim is evident from Annexure A1

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