ups_00075 — Physically handicapped persons as mentioned under Section 2 (i) of "The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" even above 25 years of their age are entitled to family pension

Physically handicapped persons as mentioned under Section 2

(i) of "The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" even above 25 years of their age are entitled to family pension — Case O.A. No. 959 of 2009: A deaf and dumb person, aged over 25 years, who was a son of a deceased Railway employee, filed an application for Family Pension as per Rule 75 (6), Railway Services (Pens... — Facts: The Applicant, a deaf and dumb person, son of a deceased Railway employee who died in harness, prays for 'Family Pension' due to the death of his father even though he is aged over 25 years. His mother, Shanti Devi, was given family pension and she also expired. There is no doubt about the physical disability of the Applicant as deaf and dumb and his mother getting family pension after the death of his father. The Applicant approached the appropriate authority to continue family pension due to his physical disability even after attaining the age of 25 years as per Rule 75 (6), Railway Services (Pension) Rules, 1993. Rule 75 (6) deals with the period for which family pension is payable. This rule is reproduced in the judgment. The relevant portion applicable to this case reads; "If the son or daughter of a railway servant is suffering from any disorder or disability of mind (including 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 shall be payable to such son or daughter for life" subject to some conditions. The Applicant relying on the above prays for continuing family pension after the death of his mother. That prayer was rejected by Respondents by Order, dated 13-1-2009. Hence this OA is filed. The Applicant relies on 'Disabled' as defined under Section (2)

(i) of "The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" which defines disability. Under Section 2

(iv) hearing impairment

(v) locomotor disability comes under this definition. The Respondent rejected the claim of the Applicant for family pension as he is over 25 years of age while referring to Rule 75. In that circumstances, it was held: