The court affirmed that married disabled children are entitled to family pension, emphasizing dependency and the validity of posthumously issued disability certificates.

ORDER

Per: ANJALI BHAWRA, MEMBER (A):

1. The applicant has preferred this instant O.A under section 19 of the Administrative Tribunals Act, 1985 seeking seeking a direction to set aside the order dated 27.06.2022 (Annexure A-7) issued by respondent No. 2 vide which the case of family pension of the applicant has been declined and to issue orders directing the respondents to grant the family pension to the applicant as per the office memorandum dated 16.01.2013 and 08.07.2022 issued by Joint Director, Finance (Estd.) Railway Board vide which a married disabled child is also entitled for family pension.

2. The brief facts of the case as pleaded by the applicant are as follows:

I. The applicant's father, Sh. Dinanath, was employed as a Lister Truck Driver with the Jagadhri Workshop, Yamunanagar, under the respondent department. He had been in continuous service with the department since 1995 and passed away in harness on 08.06.2018 (Annexure A-1).

II. Following the death of her husband, Smt. Ramwati, mother of the applicant, was granted a family pension vide PPO order dated 29.08.2018 (Annexure A-2).

III. Thereafter Smt. Ramwati, mother of the applicant, expired on 28.09.2020 (Annexure A-3). The applicant then submitted an application dated 06.05.2022 (Annexure A-4) seeking family pension after her mother’s death.

IV. In this application, she stated that she was suffering from mental disability, was dependent on her parents, and was incapable of self-support.

V. Along with the application, the applicant submitted a Disability Certificate No. HR0310919900025318 dated 18.04.2022 (Annexure A-5), issued by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India.

VI. As per the certificate the applicant was diagnosed with Intellectual Disability with an IQ level of 35–49 (Moderate mental retardation) and is suffering from 75% permanent disability in relation to brain function as per the guidelines notified by the Government of India vide S-O 76 (E) dated 04.01.2018. The unique disability ID issued to the applicant is attached as Annexure A-6.

VII. The claim for family pension was rejected by Respondent No. 2 vide order dated 27.06.2022 (Annexure A-7), citing the reason that the applicant shown as “married” in the original PPO of Sh. Dinanath and No evidence provided showing dependency or disability during the lifetime of the father and the disability certificate dated post the death of the railway employee.

VIII. It is further submitted by the applicant that she has been suffering from seizures and epilepsy since childhood and had been under treatment at various hospitals. Annexure A-8 (Colly) are the medical records showing treatment history since childhood. The mother of the applicant had written a letter to Respondent No. 2 dated 16.08.2019 (Annexure A-9), stating the mental condition of the applicant and her ongoing treatment.

IX. It is further submitted that the applicant was married to Pankaj Kumar, s/o Babu Ram, resident of Baddi Madania Merwa, District Sewan, Bihar. The Marriage was solemnized as per Bihar customs, gauna was performed on 25.05.2018, following which she went to her matrimonial home. But by the end of June 2018, she was sent back to her parental home and has since remained there. Her husband and in-laws refused to take her back citing her mental illness. Since then, the applicant has been residing with her brother and is fully dependent on him.

X. The applicant further submits that it was only after the death of the mother that the applicant and her brother became aware of the provision of family pension for disabled children (even if married) and the disability certificate was procured only thereafter.

3. Notice was issued to respondents. The respondents filed Written Statement wherein the respondents submits as follows:

I. The respondents rebutted the submissions of the applicant stating that during service, the deceased employee submitted a family declara