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Item No38/ C-IV O.A. No.1914/2024

Central Administrative Tribunal

Principal Bench: New Delhi

O.A. No.1914/2024

This the 21^st day of May, 2026

Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

VIJAY GUPTA (PHYSICALLY DISABLED-

DEPENDENT SON OF LATE SHRI LAL GUPTA, EX

HEAD SIGNALER, NORTH CENTRAL RAILWAY,

ALLAHABAD)

(PPO NO. 19977320300666)

S/O LATE SHRI LAL GUPTA,

AGED 46 YEARS,

R/O H. NO.4/189, LALITA PARK

LAXMI NAGAR

NEW DELHI -110092

…Applicant

(By Advocate: Mr. S K Singh)

Versus

UNION OF INDIA (THROUGH)

1. THE GENERAL MANAGER

NORHTERN CENTRAL RAILWAY,

HEAD QUARTERS' OFFCE

SUBEDARGANJ, ALLAHABAD-211011.

2. DIVISIONAL RAILWAY MANAGER

(DRM) / JHANSI DRM OFFICE, JHANSI

ST. MARKS COLLEGE ROAD

RAILWAY OFFICERS COLONY

JHANSI- 284003

3. SENIOR DIVISIONAL PERSONNEL OFFICER

(SR. DPO) MANAGER/ JHANSI

DRM OFFICE, JHANSI

ST. MARKS COLLEGE ROAD

RAILWAY OFFICERS COLONY

JHANSI- 284003

…Respondents

(By Advocates: Mr. Manish Kumar)

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Item No38/ C-IV O.A. No.1914/2024

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

In the present Original Application (O.A.) filed

under Section 19 of the Administrative Tribunals Act,

1985, the applicant seeks the following reliefs:-.

“(a) That the Hon'ble Tribunal may graciously be pleased

to pass an order for quashing the impugned [Order/Letter

No.-P/ESP-7/93/59/185 Dt.12.12.2022] issued by the

Divisional Railway Manager (P), Jhansi Division, North

Central Railway, Jhansi and direct the Respondents to

conduct a fresh Medical Test to ascertain the Physical

Disability (Percentage) of the Applicant in Railway

Hospital, Jhansi Division, Jhansi and if the Medical

Disability (Percentage) makes the applicant eligible for

Family Pension then to allow Family Pension to the

applicant as per extant rules in Railways.

(b) Any other relief which the Hon'ble Tribunal deem fit

and proper may also be granted to the Applicant along

with the costs of litigation.”

2. The applicant is challenging the Order

dated 12.12.2022 whereby the respondents have

rejected the claim of the applicant for grant of family

pension under the relevant Rules applicable to

disabled dependents. Learned counsel for the

applicant submits that no medical report has been

provided to the applicant, however, the same has been

filed alongwith counter affidavit as annexed at

Annexure A-8A, which reads as under:-

“NORTH CENTRAL RAILWAY

Office of

Chief Medical Superintendent

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Item No38/ C-IV O.A. No.1914/2024

Jhansi

No.- JhansifH/M.C.16/Vi.Me.Vo./V.G.

Date:- 14.03.2024

Divisional Railway Manager /PI

NCR JHS

Sub: Regarding family pension in favour of the

handicapped son, Shri Vijay Gupta, S/o Late Shri La!

Gupta, S/o Shri Natthi Lal, Ex Head Signaler, Optg.

Mathura, retired on 31.07.1997 and deceased on

25.07.2020.

Ref:- Your L. No. PfESP-7 /S-93/59/ 185 dated

07.03.2024

It is informed in the above matter that please

refer to this office's letter no. dated 16.11.2022, based

on which the medical examination of the handicapped

candidate, Shri Vijay Gupta, S/o Late Shri Lal Gupta,

Ex-Head Signaler, has been done, in which the said

candidate has been declared as capable of earning a

livelihood in the disability category. (He is not able to

earn his livelihood in the General category, but he is

able to earn his livelihood disable category).

Therefore, the above examination is forwarded for

your kind information.

CMS

NCR, JH

Divisional Personnel Officer

North Central Railway, Jhansi”

3. Learned counsel for the applicant draws

attention to the disability certificate issued by the

competent medical authority at Agra, wherein the

applicant has been diagnosed with Hypertrophy

Muscular Dystrophy and assessed to be suffering

from 80% permanent disability. It is submitted that

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Item No38/ C-IV O.A. No.1914/2024

the disease is progressive in nature and, with age,

results in weakening of bones and muscles.

4. Learned counsel further submits that despite the

aforesaid disability certificate, the respondents

rej