The right to receive family pension under statutory provisions is in the nature of property and cannot be denied without due process of law. Administrative actions affecting parties must adhere to principles of natural justice and be supported by reasoned and speaking orders.

JUDGMENT :

B.R. Sarangi, J.

The petitioner, who is the disabled son and legal representative of the deceased central government employee, has filed this writ petition seeking to quash the order dated 25.04.2013 passed in O.A. No.538 of 2012, by which the Central Administrative Tribunal, Cuttack Bench, Cuttack has denied to grant arrear family pension to the petitioner from the date of discontinuance and held that the payment of family pension to the petitioner will be effectively regulated by the notification dated 27.12.2012 and O.M. dated 16.01.2013 issued by the Department of Pension & Pensioners Welfare, Government of India.

2. The factual matrix of the case, in brief, is that the father of the petitioner was an employee of the Government of India Press in Santragachi, Howarah and was in receipt of pension after his retirement from service till the date of his death, i.e., 11.3.1991. Thereafter, mother of the petitioner received family pension till her death on 10.11.1999. The petitioner, being a physically handicapped suffering from congenital Nystagmus of 100% disability of visual and being the legal heir and entitled to receive family pension as per sub-rule (6) of Rule-54 of CCS (Pension) Rules, 1964, made representation to the authority concerned to grant family pension in his favour. His prayer was granted and he was issued with P.P.O No.42850600458 dated 12.5.2006. Accordingly, he received the arrears of family pension from 11.11.1999 to 31.5.2006 and was in receipt of monthly family pension thereafter. While it was so continuing, opposite party no.3-Pay & Accounts Officer, Office of Pay & Accounts (Ptg), Ministry of Urban Development, Salt Lake City, Kolkata sent a letter dated 29.5.2008 to opposite party no.4-Pay & Accounts Officer, Central Pension Accounting Office, New Delhi, with a copy to the petitioner, directing to stop family pension to the petitioner, who is married physically handicapped son of deceased employee (Ex-PPI of GIP (Sant).

2.1 As per sub-rule (6) of Rule-54 of CCS (Pension) Rules, 1964, the family pension payable to such a son or daughter shall be stopped, if he or she starts earning his/her livelihood. But since the petitioner is 100% visually handicapped and has no earning capacity to maintain him and family pension being his only support, he made representations to the authorities for resumption of the family pension. When he did not receive any response, he approached the tribunal by filing O.A. No.538 of 2012 with a prayer to resume family pension in his favour, as he is otherwise eligible as per Rule-54(6) of CCS (Pension) Rules, 1964, on the basis of the fact that he is 100% visually handicapped and he has no other income for his livelihood. When the matter was sub-judice before the tribunal, learned Senior Central Government Standing Counsel filed a memo on 7.3.2013 enclosing copies of the Office Memorandum No.1/33/2012-P&PW (E) dated 16.1.2013 of the Department of Pension & Pensioners’ Welfare, Government of India, clarifying the position with regard to the rules applicable in such cases. The tribunal, after due adjudication, vide order dated 25.04.2013, declined to grant payment of any further arrears from the date of discontinuance of the family pension and observed that the payment of family pension to the petitioner will be effectively regulated by the notification dated 27.12.2012 and office memorandum dated 16.01.2013 issued by the Department of Pension & Pensioners Welfare, Government of India. Hence the petitioner has constrained to file this writ petition.

3. Mr. D.K. Mohanty, learned counsel appearing for the petitioner contended that right accrues in favour of the petitioner for receiving family pension on the basis of Rule-54(6) of CCS (Pension) Rules, 1964. As such, the benefit was extended to him after the death of his mother on 10.11.1999 and, as such, he was paid the arrears of family pension from 11.11.1999 to 31.05.2006 and was in receipt of monthly family pension thereaf