Ranbir Tanwar vs Union Of India & Others

Pradeep Kumar, Member (A)

1.0 The applicant's father, Late Sh. Laxman Singh was employed as a Gestetner Operator. He was in receipt of pension till his unfortunate death. After his death, his wife, Smt. Rampyari was in receipt of family pension. She had also unfortunately expired on 03.01.2020.

2.0 The applicant is the eldest son of Late Sh. Laxman Singh. The applicant pleads that he is 56 years of age andhas to support his wife and three children, He belongs to Below Poverty Line (BPL) category. It is further pleaded that he was employed with a private concern. He was diagnosed as HIV positive in the year 2005. When this came to light, he was discharged from the private job and applicant does not have any other source of income. He was dependent on family pension of his mother for survival. Further, at present both he and his wife are under treatment and with time the medicines are also becoming less effective.

3.0 The applicant drew attention to the second provisio of Rule 54 (6) of the Central Civil Services (Pension) Rules, 1972, which reads as under:-

"Provided further 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 shall be payable to such son or daughter for life subject to the following conditions, namely:-

4.0 The applicant pleads that being a HIV patient, he is required to be treated as disabled and family pension is required to be sanctioned to him, as he is unable to earn a living due to stigma attached. He made a representation also which was replied by e-mail on 19.03.2020, wherein the applicant was advised to submit the Death Certificate of his mother, original medical report issued by the Government hospital in respect of the applicant and the Income Certificate in respect of the applicant and applicant's wife. In this email he was also and advised as under:-

"Further it is stated that, presently, there is no provision to grant family pension to any person on medical ground as well as HIV positive patients. To forward your case to Ministry of Pension and Pensioners' welfare, Lok Nayak Bhawan, New Delhi for considering on humanity ground or further guidelines,..."

The applicant has since submitted the three Documents and is awaiting the reply from respondents, as indicated above.

5.0 Matter has been heard. Ms. Prachee Satija, learned counsel, represented the applicant. Sh. Y.P. Singh, learned counsel, represented the respondents.

6.0 Without going into the merits of the case and with the consent of the parties, the instant OA is disposed of with directions to the respondents to take necessary action and advise their decision to the applicant, as was contemplated in the email dated 19.03.2020 (Para 4 supra), within a period of 3 months from the date of receipt ofa certified copy of this order. No order as to costs.