CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A./350/02010/2022 Date of hearing : 30.08.2024 Date of Judgment : 12.09.2024 Coram: Hon’ble Mr. Suchitto Kumar Das, Administrative Member IPnr athbei rm Baitstwera osf, :

Son of Late Gour Hori Biswas, aged 24 years, by Caste- Hindu, by occupation- Unemployed, residing in Shree Colony, PO & PS- Kaliyaganj, District- Uttar Dinajpur, Pin-

733129.

… Applicant -Vs-

1. Union of India, service through the General Manager/

N. F. Railway/ Maligaon (Assam), Pin- 781011.

2. Chief Personal Officer/ N. F. Railway/ Maligaon (Assam), Pin- 781011.

3. Divisional Railway Manager/ N. F. Railway/ Katihar, Pin- 854105.

4. Sr. Divisional Personal Officer/ N. F. Railway, Katihar, Pin- 854105.

………..Respondents For The Applicant(s): Mr. A. K. Paul, Counsel For The Respondent(s): Mr. S. Banerjee, Counsel O R D E R Per: Hon’ble Suchitto Kumar Das, Administrative Member The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:

“i) That in view of the facts mentioned in paragraphs 4 above, the applicant pray for the following reliefs.

ii) Order/orders for sanction of Family Pension in favour of the applicant without any further delayed.

iii) Order/ Orders to respondent no. 3 early sanction F/Pension as per laid down norms of Sub Rule 6 of Rule 54 of CCS/Pension Rules, 1972 & DoP&PW’s OM No. 1/33/2012-P&PW (E) dated 16.1.13 to the named applicant (Physically Handicraft) as per issued certificate by competent Medical Board by competent Medical Officer/ Govt Hospital (West Bengal) to avoid any further delayed.

iv) To pass such order/orders as the Hon’ble Court may deem fit and proper in the interest of Physically Handicraft applicant.”

2.

This matter is taken up by Single Bench, in view of the revised list dated

04.04.2000 issued under Sub-section (6) of Section 5 of the Administrative Tribunals Act, 1985, as no complicated question of law is involved in this matter, with the consent of both the parties.

3.

For the sake of clarity, facts in the case are delineated and discussed hereinunder :-

The applicant is the son of a retired Railway employee who retired in

1975 and died in 2016. The applicant’s mother died in 1999. The applicant is Physically Handicapped as per a Certificate issued by the Medical Board of Raiganj District Hospital. On his father’s demise, the applicant applied for family pension as the disabled dependent son of his father. He was referred to Chief Medical Superintendent, NJP by the respondents. Aggrieved by the action of the respondents to refer him to Chief Medical Superintendent, NJP although he has a certificate from the Medical Board of the local District Hospital, the applicant has filed this OA.

4.

Learned Counsel for the applicant submits that as per provisions contained in DoP&T’s OM dated 16.01.2013 and in Sub-rule 6 of Rule 54 of CCS (Pension) Rules, 1972 the applicant being the disabled son of a Government pensioner is entitled to family pension upon the demise of his father. He further submits that the applicant was fully dependent upon his father and he was the only surviving dependent member of his father’s family as the applicant’s mother pre-deceased his father. Learned Counsel for the applicant further submits that the applicant has submitted a certificate issued by District Hospital, Raiganj in which his disability has been certified by a Medical Board of the Hospital. As per the rules, disability of a claimant to family pension is required to be examined by a Medical Board. In spite of his possessing a certificate of a Medical Board of a Government hospital, the respondents are insisting on sending him to Chief Medical Superintendent, NJP for verification of his disability. Learned Counsel for the applicant submits that this is against the rules and that the respondents ought to take cognizance of the certificate of disability issued by the Medical Board of Raiganj District Hospital and process his case for