Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 130 (MP)

Wahid Begum v. Union of India

2014-01-28

A.M.KHANWILKAR, K.K.LAHOTI

body2014
JUDGMENT 1. As short question is involved, petition is taken up for final disposal forthwith, by consent. 2. The relief claimed in this petition filed under Article 226 of the Constitution of India against the respondent is to extend pensionary benefit to the petitioner with 18% interest along with cost and expenses of the litigation. 3. The petitioner had purportedly applied for pensionary benefit on 27.5.1997 under category disabled dependent of the deceased employee. Accoding to the petitioner, her disability was chronic and was by birth rendering her incapable of earning her own livelihood. 4. In response to that representation, the petitioner received a communication from the Assistant Works Manager on 14.7.2008 (Annexure R/2) calling upon the petitioner to get medical certificate from the Medical Board. 5. In view of this communication, the petitioner applied to the Medical Board from 6.8.2008 and medical certificate came to be issued on 9.8.2008 which mentions that the petitioner is suffering from D.M. with Cardiomyopathy with Chronic Disc Prolapse and she is unable to earn her livelihood because of said disability. This medical certificate is part of record as Annexure A/9. 6. It appears that the Assistant Works Manager vide communication dated 18.12.2008 informed the petitioner that her request cannot be acceded to as she had not claimed for disability pension and her application for grant of pension was rejected on 6.11.1993 being ineligible on account of age. Notably, the earlier request submitted by the petitioner was for ordinary pension and not for handicapped pension. 7. It is not the case of the respondent before us that once the dependent of the employee submits claim for regular pension and if that claim is rejected, would not be entitled to seek any other type of pension provided under the Rules. It is not in dispute that handicapped pension is one of the Pension Schemes applicable to the employees of Public Works Department. Indeed, the respondents have later on extended the family pension to the petitioner w.e.f. 6.9.2007. However, that can be no ground to deny the pension claimed by the petitioner which she had claimed as back as on 27.5.1997, if she is found to be eligible for the Scheme. 8. As noted earlier, the Medical Board has issued disability certificate (Annexure A/9). However, that can be no ground to deny the pension claimed by the petitioner which she had claimed as back as on 27.5.1997, if she is found to be eligible for the Scheme. 8. As noted earlier, the Medical Board has issued disability certificate (Annexure A/9). Whether that medical certificate conforms to the requirements of the Handicapped Pension Scheme or not and the petitioner was, therefore, entitled to receive handicapped pension, is a matter which ought to have been examined by the Authorities on their own, on its own merit, irrespective of the rejection of her earlier claim for grant of regular pension on 6.11.1997. 9. If the petitioner succeeds in her claim and is found to be eligible for handicapped pension, she would be entitled to receive the same from the date of application i.e. 27.5.1997. In that case, the Authority would be free to adjust the amount already paid to her under the head of family pension w.e.f. 6.9.2007. Indeed, if the quantum of handicap pension is higher than the quantum of pension under family pension scheme, the petitioner ought to receive that benefit being beneficial to her. Further, if the Authorities were to reject the handicap pension claim of the petitioner that will not impact her right to receive family pension which is already being paid to her. That must continue till she is eligible to receive the same. 10. We, therefore, direct the respondent to soncider the claim of the petitioner, keeping in mind the observations made in this order and take an appropriate decision as may be advised and permissible as per law within three months from today and communicate the said decision to the pettioner within the same time. If the petitioner is found eligible for handicapped pension, the amount due and payable to the petitioner be released within six months from the date of decision of the appropriate Authority. 11. The petition is disposed of on the above terms.