dofp2024_00816 — Applicant herein, a mentally retarded person, is entitled for family pension due to the death of his parents. Even though he is a major, due to his mental retardation, he is to be paid family pension through his maternal uncle, Shri Ved Prakash Kirpal who is looking after the interest of the Applicant. As the action of the Respondents, R-1, Secretary, Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training illegally denied family pension to the Applicant, R-1 i

Applicant herein, a mentally retarded person, is entitled for family pension due to the death of his parents. Even though he is a major, due to his mental retardation, he is to be paid family pension through his maternal uncle, Shri Ved Prakash Kirpal who is looking after the interest of the Applicant. As the action of the Respondents, R-1, Secretary, Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training illegally denied family pension to the Applicant, R-1 is directed to pay compensatory costs of X 50,000 to the Applicant, to be deducted from the salary of erring officers / officials — This chunk pertains to the final resolution in the case, where the Tribunal rules in favor of the applicant, a mentally retarded individual, allowing his claim for family pension with costs and direc... — Facts : Applicant, son of Late Shiv Murti Mehan who was drawing pension as he was a Government servant designated as Assistant Accounts Officer and retired from the Respondent organization. After his death, his wife, mother of the Applicant was drawing family pension. As the Applicant being a mentally retarded person, he was looked after by his maternal uncle, Shri Ved Prakash Kirpal after the death of Applicant's mother on 7-6-2013. The short question that arises for consideration in this case is, as to whether the Applicant being the son of Shiv Murti Mehan and Prem Mehan is entitled to family pension for life due to his mental retardation, in the facts and circumstances of the case or not℃ The Tribunal after hearing both sides came to the conclusion that the Applicant is entitled for family pension through his maternal uncle, Shri Ved Prakash Kirpal. The discussion to arrive at the above conclusion is vividly explained further. "Rule 54 (6) of the Pension Rules, 1972, inter alia postulates that if the son or daughter of a Government servant is suffering from any disorder or disability of mind including the mentally retarded or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension is payable to such son or daughter for life". The relevant portion of Rule 54 (6) of Pension Rule, 1972 is reproduced for clarity. The facts that the Applicant, a mentally retarded person as per Disability Certificates, dated 16-9-1998 and 9-10-2007 (A-5), son of Late Shiv Murti Mehan and Prem Mehan, who were drawing pension and family pension, is entitled to family pension for life as per Pension Rule quoted above. The contention of the Respondents relating to the PPO is not available pales into insignificance in this connection observes the Bench. The Respondents have intentionally concealed the true facts and pleaded evasive pleadings which are not expected from the officers of a welfare state. Hence the specific pleadings of the Applicant in this regard is admitted.