Mentally Disabled Children Of Govt. Servants Are Entitled To Family Pension Without Showing Income Certificate: Madras High Court

The Madras High Court held that the son/daughter of a pensioner who is mentally disabled and who falls within the scope of the pension rules should be disbursed with family pension on submission of the medical certificate evidencing his/her incapacity to earn livelihood on their own without insisting on certificate denoting income from all sources.

A Writ Appeal was considered by the Madras High Court regarding the pension rights of the disabled family members of the government servants.

The Bench of Justice G.R. Swaminathan and Justice K. Rajasekar observed, “Pension has always been characterized as a matter of right and not charity or bounty. When it comes to extending the benefit for the mentally disabled, the authority must exhibit alacrity. Such an approach alone would subserve and effectuate the benevolent object with which the statutory rules have been formulated. They should be seen as one more facet of Article 21 of the Constitution of India.”

Advocate S. Mahalakshmi represented the Appellant, while Advocate N. Satheesh Kumar represented the Respondents.

Case Brief

The Writ Appeal was filed by the Principal Accountant General regarding certain strong remarks of the learned Single Judge which the Appellant wanted them to be expunged.

Further, it was the case of the Respondent that his father was a government servant and he sought payment of family pension for his younger brother who is admittedly suffering from intellectual disability. However, it was of no avail. Thus, he filed a Writ Petition before the Madras High Court and the order of the learned Single Judge has already been complied with.

Court’s Analysis

The Court opined that pension is a matter of right and not charity. The Court referred to Rule 54(6) Central Civil Service Pension Rules, which provides that if the son or daughter of a government servant is suffering from any disorder or disability of mind including mental retardation so as to render him or her unable to earn a living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life.

“When the statutory rule itself contemplates certificate only from a Doctor/Medical Board stating that the son/daughter of the deceased employee by virtue of his or her mental or physically disability cannot earn a livelihood on his or her own, the authority cannot ask for anything more”, the Court said.

The Court observed that there is no requirement to produce any income certificate duly noting the income from all sources.

Accordingly, the Writ Appeal was disposed of.

Cause Title:The Principal Accountant General (A&E) V. A.V. Jerald

Click here to read/download Judgment.