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2024 Supreme(Online)(CAT) 12630

CENTRAL ADMINISTRATIVE TRIBUNAL
Jayesh V Bhairavia, Judicial Member
Rasheshkumar – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.S.Trivedi
For the Respondents: Ms. R R Patel

Table of Content
1. applicant's medical examination confirmed 55% disability but ability to earn livelihood (Para 1)
2. applicant's timeline of family pension claim and prior rejections (Para 2)
3. rule 75(6) requires medical certificate proving inability to earn livelihood (Para 3)
4. family pension for disabled children requires medical evidence of livelihood incapacity (Para 6 , 7)
5. oa dismissed as denial based on valid medical opinion per rules (Para 8 , 9)

ORDER(ORAL)

Per : Honble Shri Jayesh Bhairavia, Member (J)

1. In the instant OA, it is noticed that for the purpose of consideration of the claim of the applicant to include his name as beneficiary for grant of family pension, being disable dependent son of late ShriPrabhulalBapalalBrahmbhatt, Ex. CTNL, DRM’s Office, Bhavnagar Para, Western Railway, the applicant herein was called for medical examination by the respondent No.3 i.e. DRM (E) Bhavnagar Para, Western Railway in compliance of the order dated 13.07.2022 passed by the Commissioner of Persons with Disabilities, Government of India. In response to the said letter dated 13.07.2022, the applicant appeared for medical examination before the committee of medical expert on 23.

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