Proper assessment of disability by competent authority is essential for family pension eligibility.

ORDER

By Mallika Arya, AM;

The instant Original Application under Section 19 of the Central Administrative Tribunals Act, 1985 has been filed for the following reliefs:

8.1 That, the Hon'ble Tribunal be pleased to call for the relevant records from the Respondents for its kind perusal and to decide the grievance of the Applicant.

8.2 That, the Hon'ble Tribunal be pleased to quash and set aside the impugned letter dated 19.2.2020 (A-14) in the interest of justice.

8.3 That, the Hon'ble Tribunal be pleased to pass an Order, directing the Respondents to consider the Family Pension to Applicant (Mr. Yogendra Prasad Dubey) w.e.f. 13.6.2016 onwards on the basis of Permanent Medical Disability Certificate (A-12) issued by District Medical Board, Durg.

2. The brief facts as narrated in the instant O.A. is that the Applicant namely Yogendra Prasad Dubey is mentally disabled, is therefore, represented by his legally wedded wife and Guardian Smt. Shweta Dubey. He is the younger son of Shri Salik Prasad Dubey, a retired railway employee. His father passed away on 12.6.2016, and his mother passed away on 15.1.2005. His elder brother, Durga Prasad Dubey, was appointed to the railways on compassionate grounds after their father's death. The applicant Yogendra was diagnosed with Schizophrenia and has been receiving regular treatment at a Government hospital in Durg since 2009. In 2018, he was issued a Disability Certificate with 45% disability, valid until 2023, and a Unique Disability ID by the Government of India. Before his death in 2016, Yogendra’s father had applied to include his mentally disabled son in the family pension scheme. This request was acknowledged by the Railway authorities, but his father passed away before the process could be completed. After his father’s death, Yogendra, with the help of his wife, submitted the necessary forms to re-authorize the family pension in his favor. A medical examination conducted by the Railway Medical Board in 2019 led to a rejection of the family pension request due to the absence of a Permanent Disability Certificate. In response, Yogendra appeared before a District Medical Board in October 2019, which issued a Permanent Disability Certificate confirming that he is mentally handicapped and unable to earn a livelihood. Despite this, when the case was referred to the Railway Medical Board again in January 2020, the request for family pension was rejected once more, without providing any reasons, vide letter dated 19.2.2020. Thus, the case revolves around the applicant's persistent efforts to secure family pension despite providing all required medical documentations, including a permanent disability certificate. However, his request has been repeatedly rejected by the Railway Medical Board without a clear justification.

3. The respondents have argued that the applicant has not provided any specific details regarding the order against which the application is made or the subject matter in brief. They state that the averments in the original application are formal and do not require further comment, except that they do not admit anything beyond the official record. The respondents assert that simply producing a certificate stating the diagnosis of ‘Schizophrenia’ is insufficient to confer the right to family pension. They emphasize that family pension eligibility is governed by Para 75 (6) of the Railway Service Pension Rules 1993 and Establishment Rule 198/2013, which require a certificate from a Medical Board confirming that the disability is permanent in nature and that the applic