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VIVEK JAIN
Rajat @ Ronak – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. By way of this petition, the petitioner has prayed a direction to the respondents for payment of pension and gratuity. The immediate cause of action is the legal heirship certificate dated 5.7.2022 issued by the Additional Collector in favour of the petitioner as well as the respondent No.4.
2. The petitioner is a 15 year old minor son of deceased government servant namely Smt. Kamini Luniya, who has expired on 10.4.2021 while in service. The dispute has arisen because the petitioner is living with his maternal uncle and is living separately from his father, who is impleaded as respondent No.4. Therefore, it is curious and unique case of a real father and son contesting for pensionary dues of deceased wife and mother respectively.
3. This Court vide order dated 9.7.2015 had directed the petitioner, his guardian or any other authorized family member so also the respondent No.4 to remain personally present before this Court. Today the petitioner Rajat @ Ronak is present along with Shri Rajendra Kumar s/o Parusram Luniya, who is his maternal uncle. The respondent No.4 - Rahul Kaushal, who is father of the petitioner is also present in Court.
4. The undisputed facts are that th
The entitlement of a divorced daughter to a share of the family pension under the Central Civil Services (Pension) Rules, 1972 and relevant office memorandums.
The entitlement of an unmarried daughter to death gratuity and family pension under the Pension Rules, 2021, when other family members cease to be eligible.
Point of la w: scheme of payment of pension in the order of priority to the members of the family is framed by the legislature keeping in mind the overall welfare of the family of deceased government....
Family pension eligibility is determined strictly by birth order among dependents, not by relinquishment rights.
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 pr....
The court affirmed the entitlement of a married disabled child to family pension from the date specified in an Office Memorandum, irrespective of procedural discrepancies in application.
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