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 family pension.

ORDER :

1. Heard learned counsel for the petitioner and learned Government Pleader for Services-I.

2. This writ petition is filed to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing Memo dated 15.06.2016 as illegal, arbitrary and in violation of principles of natural justice and consequently, set aide the same and direct the respondents to grant family pension to the petitioner.

3. The case of the petitioner, in brief, is as follows:

(a) The Petitioner’s father worked as sub-registrar in the 1st Respondent office and retired from service in the year 1955 and he was granted with pension till his death on 28.10.1981 and thereafter, the petitioner’s mother late Hameeda Begum was being paid Rs. 8,104/- towards pension till her death on 24.04.2004.

(b) The Director of Medical and Health Department issued a revised medical bill for Rs. 1,00,000/- under family pension.

(c) The Petitioner is a crippled person having 90% disability and is not in a position to work in any manner. As per Rule 50, Category-1 (B)(iii) reads ad under:

In the case of a son or daughter of a Government servant, who is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attainting the ages of son/daughter as specified in clause (i) and (ii) above the family pension should be payable to such son or daughter for life.

(d) In view of physical status, the petitioner made representation on 16.03.2015 to sanction of family pension by disclosing the medical certificates showing 90% disability. Thereafter, the 4th respondent issued proceedings dated 12.01.2006 to the 2nd respondent to sanction pension and the 5th respondent issued a letter dated 02.06.2016 that he would not be entitled for pension as the petitioner was granted with compassionate pension, but not family pension.

(e) The petitioner made another representation to the 1st respondent that the pension granted to his father was family pension and not compassionate pension. Thereafter the 5th respondent issued proceedings dated 15.06.2016 directing the petitioner to approach the Government for necessary action.

(f) The petitioner has already represented to the Government that his father and mother was paid family pension which is clear from the letter dated 14.12.2011 and 12.01.2006.

(g) Inspite of the petitioner making a representation for grant of pension on medical grounds as per the G.O.Ms. No. 315, Finance (Pension-I) Department, dated 07.10.2010, the respondent has not taken any action till date. The Central Government issued notification, dated 15.09.2016 stating A.P. Administrative Tribunal does not have jurisdiction on the Telangana State. Hence, this writ petition.

4. The case of the 1st respondent, in brief, is as follows:

(a) After the death of the petitioner’s father, the family pension was released to his mother till her death. The mother of the petitioner was died on 24.04.2014. The petitioner submitted pension papers, that he is eligible for pension as per G.O.Ms. No. 315, Finance (Pension-I) Department, dated 07.10.2010 as he is physically disabled. Vide letter No. A/1177/2015, dated 12.01.2016, the 4th respondent requested the Commissioner and Inspector General, Registration and Stamps, Telangana (C and IG) to supply the pension file along with Service Book of the petitioner’s father as purported to have been retired from IG’s Office as per the representation of the petitioner and it was confirmed by the C and IG that there was no Service Book available with their office pertaining to the petitioner’s father in Memo No. A2/305/2016, dated 23.02.2016 in reply to the 4th Respondent letter dated 1.02.2016.

(b) The 4th Respondent through letter No. A/1177/2015, dated 27.02.2016 submitted three sets of pension papers along with physically handicapped certificate produced by the petitioner to the Accountant General, Hydera