ups_00483 — The Applicant herein, son of a retired Railway employee who retired on 30-11-1991 and died on 30-11-1997 is entitled for disability family pension only from the approved date of 31-12-2004, even though he requested for that disability family pension from the date of death of his father on 30-11-1997 as the Competent Authority certified that his disability crippled him to such an extent that he is unable to earn his livelihood from 31-12-2004

The Applicant herein, son of a retired Railway employee who retired on 30-11-1991 and died on 30-11-1997 is entitled for disability family pension only from the approved date of 31-12-2004, even though he requested for that disability family pension from the date of death of his father on 30-11-1997 as the Competent Authority certified that his disability crippled him to such an extent that he is unable to earn his livelihood from 31-12-2004 — This chunk discusses a legal case regarding a man seeking disability family pension from the date of his father's death in 1997, which was initially rejected. The man then filed an OA (Original Appli... — Facts: This is the third round of litigation by the Applicant for getting disabled family pension to him from the date of death of his father who was a Travelling Ticket Inspector (TTI) in Bhusaval Division of Central Railway. The TTI, father of the applicant retired on 30-11-1991 and died on 30-11-1997. The Applicant earlier approached the Tribunal for disabled family pension twice. In the second OA which was disposed of, he was to be medically examined and if found necessary he has to be given disabled family pension from 31-12-2004 which was accepted by the Railways. However, he filed this OA for grant of disabled family pension from the date of death of his father which was regretted by Order, dated 30-3-2011. Hence, he filed this OA for grant of disabled family pension to him from 1-12-1997 instead of from 31-12-2004 along with arrears thereon with 12% interest. The Tribunal heard both sides. "The only controversy in this case is about the date from which the Applicant is entitled to get the disability family pension". The Tribunal narrated the sequence of events from the date of his father on 30-11-1997 and grant of disability family pension to the Applicant from 31-12-2004. The Applicant relies on Rule 75 (6) of Railway Servants (Pension) Rules, 1993. As per the rule, a son till he attains the age of 25 is entitled to get family pension. However, the rule also provides for the disabled son of the deceased Railway servant from any disorder or physically crippled or disabled so as to render him/her unable to earn a living even after attaining the aee of 25 years, the family pension shall be payable to such a son till his lifetime subject to the condition prescribed in that rule. Rule 75 (6) is reproduced in the judgment for clarity. Thus it is obvious that it is not that every physically disabled gives rise to claim for family pension. However, the disabled family pension cannot be denied to the son of the employee while serving or after retirement of his father. The rule states that if the disability exceeds 40%, eligibility for family pension is payable but it does not state a condition for grant of family pension only if it results in rendering the Applicant unable to do any work or job for his livelihood. It is certified that the Applicant is disabled to the extent of 65% and he is not able to earn. The Applicant had already been granted disability pension from 31-12-2004. In other words, till then inspite of the disability, the Applicant was found to be able to earn his livelihood.