A dependent disabled sibling of a deceased government employee is eligible for family pension under CCS (Pension) Rules, 1972; the inability to produce a specific disability certificate dated before the employee's death does not automatically disqualify an otherwise eligible dependent if dependency and disability are substantively established.

O R D E R

Per: Mr. Anindo Majumdar, Administrative Member:

The applicant has filed this Miscellaneous Application praying for the following relief(s):

“a) to direct the respondents to cause them to act in terms of direction at of para-8 the order dated 12.09.2023 in O.A/350/2026/22 and para-8 of the order dated 03.05.2024 comply/execute the same in true spirit and letter and pay the Decree Holder her family A pension as disabled sibling from the date of eligibility to get family pension and other consequential financial benefits.

b) To direct the respondents to cause them to act in terms of para 7 of the order dated 03.05.2024 in C.P. No. 1350/209/2023 and comply/execute the same in true spirit and letter.”

2. The applicant had, vide her letter dated 30.8.2011, addressed to the General Manager, Rifle Factory, Ishapore, prayed for grant of Family pension in respect of Late Samir Kumar Mondal, an employee of Rifle Factory, Ishapore who had expired on 19.06.2010. In the said letter, she had stated that she is an unmarried sister of Late Shri Samir Kumar Mondal who was a bachelor during his lifetime. The applicant was informed, vide letter dated 19.08.2012 issued on behalf of the General Manager, Rifle Factory, Ishapore that her prayer for grant of Family Pension cannot be acceded to since in terms sub clause 14(b) of Rule 54 of the CCS ( Pension) Rules, 1972, since siblings are not eligible for grant of family pension. The applicant had again vide her letter dated 20.01.2015 addressed to the General Manager, Rifle Factory, Ishapore (Annexure A2) applied for grant of family pension. The applicant was informed vide letter dated 26.08.2019 issued on behalf of the General Manager, Rifle Factory, Ishapore that her prayer for grant of family pension cannot be considered and no further communication in this regard will be entertained . In the said letter the applicant was informed that Late Samir Kumar Mondal, had during his lifetime, not declared anyone as his dependent and also that the applicant had submitted the disability certificate 05 years after the death of Shri Mondal. Challenging the said letter dated 26.08.2019, the applicant had filed the Original Application being O.A. No. 350/2026/2022 before this Tribunal. The said Original Application was disposed of by this Tribunal, vide order dated 11.05.2023 whereby the Tribunal had quashed the impugned order dated 26.08.2019 and had directed the competent authority to reconsider the case of the applicant as per rules and to pass a reasoned and speaking order.

3. The applicant filed a Contempt Petition being C.P. 350/209/2023 on the ground that the order of this Tribunal dated 11.05.2023 has not been complied with by the respondents. Thereafter, the respondent authority, vide letter dated 05/04/2024, had sent to the applicant copies of application form for grant of family pension and copies of other forms/documents and asked her to submit the same after duly filling up the same. Further, vide letter dated 15/10/2024, the applicant was asked to submit copies of the death certificate of her brother Late Samir Kumar Mandal.

4. During hearing of the Contempt Petition filed by the applicant, the Ld. Counsel for the respondents/alleged contemnors had assured the Tribunal that in case the applicant furnishes the said documents including the disability certificate dated 01.04.2024 issued by the Nil Ratan Sircar Medical College & Hospital, Kolkata, the respondents will take prompt action in the matter and ensure that the order of this Tribunal dated 11.05.2023 is complied with in letter and spirit. On the basis of such as