A dependent child with a disability is entitled to family pension under Rule 50 of the CCS (Pension) Rules, ensuring support for vulnerable family members.

O R D E R The applicant is that she has not been paid family pension of her father.

2. The applicant states that her father retired from service of the respondents w.e.f.30.06.1982. Soon after his retirement, the father of Page 1 of 6 2025.07.16 ANUPAM the applicant died on 07.11.1982. Thereafter, mother of the applicant was getting family pension and she also died on 07.09.2021. During her lifetime, the mother of the applicant had submitted an application requesting the respondents to record the name of the applicant as her dependent. The applicant submits that she is mentally retarted with 40% physical disability and was fully dependent on her mother. Since now she is dependent on her brother, the brother of the applicant has been declared as legal guardian of the applicant by the National Trust for Welfare of Person’s with Autism, Cerebral Palsy, New Delhi vide certificate dated 03.11.2021 (Annexure A-6).

2.1 The brother of the applicant submitted a representation dated 04.02.2022 (Annexure A-7) to the respondents requesting to insert his name in the PPO and also to grant family pension t the applicant. The applicant submits that despite several correspondence by her brother, no response has been received by the respondents till date.

3. Despite several opportunities, reply has not been filed by the respondents. Therefore, the matter was heard and decided in the absence of reply of the respondents.

4. Heard learned counsel for the parties and perused the pleadings and the documents available on record.

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5. Learned counsel for the applicant submitted that there is specific provision under Rule 50 of the CCS (Pension) Rules, 1972 where the family pension is payable to a son or daughter suffering from any disorder or disability of mind including the mentally retarded. He submitted that the formalities regarding grant of family pension to the applicant have already been completed by the applicant and despite forwarding the case of the applicant, no action has been taken till date. 6. Rule 50 of the CCS (Pension) Rules, 1972 provides for family pension to the dependent family member after the death of Government servant. Rule 50(9)(c) is the provision regarding grant of family pension to a child suffering from a mental or physical disability. Further Rule 50(9)(h) provides that a son or daughter above the age of 25 years of are eligible for family pension, who is suffering from any disorder or disability of mind including the mentally retarded or is physically disabled or suffering from any other disability. The relevant extracts of Rule 50(9)(h) are reproduced below:

50(9)(h) Where a deceased Government servant or pensioner is not survived by a son or daughter below the age of twenty-five years and eligible for family pension or where such son or daughter has died or has ceased to be eligible for family pension, the family pension shall be payable for life to a son or daughter who is suffering from any disorder or disability of mind including the mentally retarded or is physically disabled or suffering from any other disability referred to in the Rights of Persons with Disabilities Act, 2016 (49 of 2016) so as Page 3 of 6 2025.07.16 ANUPAM to render him or her unable to earn a living even after attaining the age of twenty-five years, subject to the following conditions, namely:-

(i) the disability existed before the death of the Government servant or pensioner and his or her spouse;

(ii) if such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children below the age of twenty-five years in the order set out in clause (d) until the last child attains the age of twenty-five and thereafter the family pension shall be resumed in favour o