AI Overview...
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Family Pension for Mentally Disabled Unmarried Daughter - Under the Central Civil Services (Pension) Rules, 1972, Rule 54(6), an unmarried daughter who is mentally disabled and unable to earn a living is entitled to family pension. The disability and inability to support oneself are key factors establishing eligibility Okram Indubala Devi VS Gauhati High Court & Ors. - Gauhati, Miss Okram Indubala Devi VS Gauhati High Court - Gauhati.
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Legal Precedents and Court Interpretations - Courts have consistently upheld the entitlement of mentally disabled children, including daughters, to family pension. The disability must be lifelong, and dependency is a crucial criterion. In cases involving disabled sons or daughters, courts have emphasized that the pension should not be stopped solely based on marriage or other disqualifications, especially if the disability persists throughout their life Lalrimawia VS State of Mizoram - Gauhati, Madhusudan Pati VS Union of India - Orissa, GOVERNMENT OF INDIA vs INDIRA A. - Kerala.
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Marriage and Disqualification - The rules specify that marriage does not disqualify a disabled child from receiving family pension if the disability is lifelong. For daughters, marriage may lead to cessation of pension, but if the daughter is mentally disabled and unable to support herself, she remains eligible Government Of India, Ministry Of Steel, New Delhi Rep. By The Secretary To Government Of India VS A. Indira - Kerala.
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Dependency and Proof - Eligibility hinges on dependency, which must be established through affidavits or other proof of dependency, especially for disabled dependents. The department bears the onus of proving reasons for stopping pension if challenged Union of India VS Padmini Dehuri - Madhya Pradesh, K NAGESWRA RAO vs THE STATE OF AP - Andhra Pradesh.
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Specific Case Insights - Courts have quashed orders stopping pension to disabled children or dependents when their disability is lifelong, emphasizing that such dependents are entitled to pension regardless of marriage status, provided dependency is proven Lalrimawia VS State of Mizoram - Gauhati, GOVERNMENT OF INDIA vs INDIRA A. - Kerala.
Analysis and Conclusion:
Based on the Central Civil Services (Pension) Rules, 1972, and judicial rulings, a mentally disabled, unmarried daughter is entitled to family pension if she is unable to earn a living due to her disability. Marriage does not automatically disqualify her, especially if her disability persists throughout her life. Dependency must be established, and the department must justify any cessation of pension. Courts have consistently favored the rights of mentally disabled dependents to receive family pension, recognizing their lifelong dependency and inability to support themselves.
References:
- Central Civil Services (Pension) Rules, 1972, Rule 54(6)
- Judicial cases: Okram Indubala Devi VS Gauhati High Court & Ors. - Gauhati, Miss Okram Indubala Devi VS Gauhati High Court - Gauhati, Lalrimawia VS State of Mizoram - Gauhati, Madhusudan Pati VS Union of India - Orissa, GOVERNMENT OF INDIA vs INDIRA A. - Kerala, K NAGESWRA RAO vs THE STATE OF AP - Andhra Pradesh, Union of India VS Padmini Dehuri - Madhya Pradesh
Search Results for "Family Pension to Mentally Disabled Unmarried Daughter"
2009 0 Supreme(Gau) 512 • India - Gauhati
J.CHELAMESWAR, H.N.SARMA
entitlement of an unmarried daughter to family pension if she is mentally disabled and unable to earn a living. ... Family Pension - Entitlement of Mentally Retarded Unmarried Daughter - Central Civil Services (Pension) Rules, 1972, Rule 54(6 ... ) Fact of the Case: The petitioner, a mentally retarded unmarried daughter of a ....
2009 0 Supreme(Gau) 515 • India - Gauhati
H.N.SARMA
entitlement of an unmarried daughter to family pension if she is mentally disabled and unable to earn a living. ... Family Pension - Entitlement of Mentally Retarded Unmarried Daughter - Central Civil Services (Pension) Rules, 1972, Rule 54(6 ... ) Fact of the Case: The petitioner, a mentally retarded unmarried daughter of a ....
2019 0 Supreme(MP) 124 • India - Madhya Pradesh
SANJAY YADAV, RAJEEV KUMAR SHRIVASTAVA
-- R.54(6) --family pension -- stopped for daughters -- onus is on department to establish that pension is stopped for reasons other ... with someone else during lifetime of her husband and affidavit to relinquish family pension in favour of daughters are basis for ... (1) Central Civil Services (Pension) Rules, 1972 -- R.54 (6) -- family pension denied to respondent widow -- notarized marriage contract ... age of ....
2006 0 Supreme(Gau) 444 • India - Gauhati
BROJENDRA PRASAD KATAKEY
of a disabled person challenged the denial of family pension to the disabled son of a government servant under Rule 54 of the Central ... Family Pension - Disabled Person - Central Civil Services (Pension) Rules 1972 - Rule 54 Fact of the Case: The guardian ... Finding of the Court: The court found that the disabled child is entitled to family pension under the Pension Rules .....
2025 Supreme(Online)(CAT) 6233 • India - Central Administrative Tribunal
Justice Akhil Kumar Srivastava, Smt. Mallika Arya, JJ
(Paras 6, 8) ... ... Facts of the case: ... The applicant, a divorced daughter, sought family pension ... (A) Central Civil Services (Pension) Rules, 1972 - Rule 54(6) - Family pension entitlement - Denial of family pension to divorced ... to qualify for family pension. ... EXPLANATION 1 .- An unmarried son or an unmarried or widowed or divorced daughter, ex....
2025 Supreme(Online)(CAT) 5137 • India - Central Administrative Tribunal
Shri Justice M.G. Sewlikar, J
- Eligibility for family pension for disabled dependents governed by specific rules - Dependency must be established for pension ... (A) Railway Services (Pension) Rules, 1993 - Rule 75(6) - Family pension application - Applicant, son of deceased railway employee ... to an accident, applied for family pension after the death of his mother, the pensioner. ... Explanation 1.- An unmarried son or an unmarri....
2012 0 Supreme(Ker) 137 • India - Kerala
C.N.RAMACHANDRAN NAIR, P.S.GOPINATHAN
Central Civil Services (Pension) Rules, 1972, Rule 54(6) - Family pension is not rejected for the ground of disqualification of marriage ... for disabled son. ... Application for family pension was filed claiming that Sankaranarayanan is physically and mentally disabled and therefore, irrespective of the age, by virtue of Rule 54(6) of the Central Civil Services (Pension) Rules, 1972, he is entitled to family #HL_S....
2022 0 Supreme(Ori) 189 • India - Orissa
B.R.SARANGI, SAVITRI RATHO
Family Pension - Disability Son - CCS (Pension) Rules, 1964 - Rule-54(6) Fact of the Case: The petitioner, a disabled ... Issues: The main issue was the abrupt stoppage of family pension to the disabled son of a deceased government employee based ... The court quashed the order to stop the family pension and directed the opposite parties to pay the arrear family pension for the ... An ....
2012 Supreme(Online)(KER) 11085 • India - High Court of Kerala
C.N. RAMACHANDRAN NAIR, P.S.GOPINATHAN, JJ
Fact of the Case: The respondent, as guardian of a mentally disabled son, sought family pension following the death ... Pension - Family Pension - Central Civil Services (Pension) Rules, 1972 - Rule 54(6) - The court interprets that a disabled son ... , irrespective of marriage, is entitled to family pension for life, contrasting with the stipulation for a daughter who loses el....
2025 Supreme(Online)(AP) 4391 • India - High Court of Andhra Pradesh
VENKATA JYOTHIRMAI PRATAPA, J
(Paras 1-8) ... ... (B) Eligibility for Family Pension - The court reiterated that family pension ... is no physically/mentally disabled child to receive the family pension. ... (iii) (b) Sons/daughters who are physically/mentally disabled throughout their life subject to the conditions specified therein. ... and younger of them will get the family pension on....
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