(Reserved on 05.02.2026)

CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD Original Application No. 978 of 2024 Pronounced on 17^th day of February, 2026 Hon’ble Mr. Justice Rajiv Joshi, Member(Judicial)

Saiyad Rehan Kazmi, a/a 43 years, S/o late Mohd. Azim, R/o Plot No.167 Afaq Kha Hata Manduadih, Varanasi (U.P.)

PUNIT KUMAR . . .Applicant MISHRA By Advocate : Shri S.M. Ali V E R S U S

1. Union of India through General Manager, Head Quarter North Eastern Railway, Gorakhpur

2. Divisional Railway Manager, North Eastern Railway, Varanasi 3. Divisional Personnel Officer, North Eastern Railway, Varanasi

4. Chief Medical officer, North Eastern Railway, Varanasi . . Respondents By Advocate: Shri Prashant Mathur

O R D E R

Heard Shri S.M. Ali, learned counsel for the applicant and Shri Prashant Mathur, learned counsel for the respondents at the time of hearing.

2. This Original Application is filed under section 19 of the Administrative Tribunal Act, 1985, seeking following reliefs:-

8 (i) To issue order or direction to quash the impugned order dated 27.01.2023 and finding of Medical Board.

(ii) To issue order and direction to the respondents for grant of family pension from due i.e. 05.11.2021 along with 12 % interest annual up to actual payment date and continue to pay family pension in favour of the applicant with all consequential benefits.

(iii) To pass order and direction to pass any such order as deem fit in the facts and circumstances of the case.

(iv) Award the costs of the Original Application in favour of the applicant.

3. The brief facts of the case are that the father of the applicant, while working as Senior Ticket Collector At Varanasi, died in harness on 09.09.1996. After the death of his father, the mother of the applicant was getting family pension regularly, but she died on 04.11.2021. The applicant, who is having 100 % blindness as per the PUNIT KUMAR disability Certificate issued by Chief Medical Officer, Varanasi, MISHRA submitted all the document of disability in the Railway Department on

17.01.2022.

3.1 Subsequently, the applicant was medically examined by the Medical Board constituted by the respondents, wherein, it was found by the Medical Board vide his report dated 17.01.2023 that the applicant was 100% vision disability as per disability certificate. However his both upper limbs are normal and he walks on his own without any support. Therefore, he is not completely dependent on others for his activity of daily living (ADL) and he is not crippled at all. Thus he can independently earn his livelihood on his own. In view thereof, the respondents vide order dated 27.01.2023 rejected the claim of the applicant for grant of family pension on the ground that he is able to earn livelihood in terms of medical report. Hence, this Original Application has been filed, challenging the order dated 27.01.2023 as well as medical report.

4. Counter affidavit has been filed from the side of the respondents on 04.12.2024 wherein it has been stated that after the death of deceased employee, the case of the applicant was duly considered by the respondents. The Chief Medical Superintendent, North Eastern Railway, Varanasi, after examination of the applicant, submitted his report on 18.01.2023, wherein the Medical Board opined that the applicant is having permanent disability of 100 % of visual impairment, but he is able to earn his livelihood independently.

4.1 On the basis of the aforesaid report, the case of the applicant for grant of family pension has been rejected and an information was given to the applicant vide impugned order dated 27.01.2023. Hence, instant original Application is liable to be dismissed.

PUNIT KUMAR MISHRA

5. Rejoinder Affidavit was also filed by the applicant on 30.07.2025 reiterating the same averments as made in the Original Application.

6. Learned counsel for the applicant assailed the impugned order on the ground that the same is non-speaking and cryptic order. It is an admitted that the applicant is having