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ASHISH SHROTI
Ms Sanober Khan – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioner has filed this petition challenging the order, dated 7.6.2022, (Annexure P/1) whereby her claim for grant of family pension has been declined by the respondent-District Pension Officer, Shivpuri.
2. The facts necessary for decision of this case are that the petitioner's father late Shri Israr Ahmed Khan was working as Hostel Superintendent at P.T.I., Industrial Training Institute, Shivpuri. He retired from service w.e.f. 31.10.1999 and was availing benefit of regular pension from the State Government till he expired on 3.12.2019. The petitioner's mother predeceased her father on 21.1.2016.
3. The petitioner submitted her claim for family pension before the respondents. The claim was rejected on the ground that she has crossed the age of 25 years and as per rule 47 of M.P. Civil Services (Pension) rules, 1976, an unmarried daughter above 25 years of age is not entitled to family pension. The petitioner, thereafter, made another application on 13.5.2022 (Annexure P/6) stating therein that she has undergone three major open heart surgeries for ASD, Valve replacement and Removal of Aortic Ridges. It was also stated that she has undergone one spine surgery and a pe
A physically disabled son of a government servant is entitled to family pension under G.O.Ms. No. 315, dated 07.10.2010, Finance (Pension-I) Department, if the government servant was entitled to fami....
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....
Family pension eligibility is determined strictly by birth order among dependents, not by relinquishment rights.
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.
Family pension precedence for elder widowed daughter over unmarried daughter requires proof of dependency; absent such proof despite opportunities, pension granted to nominated dependent unmarried da....
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.
A disabled individual with a valid medical certificate is entitled to family pension, and such entitlement cannot be denied based on non-medical assessments of their past ability to work.
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