Shekhar vs Municipal Corporation Of Delhi & Ors.

The instant OA has been filed by the applicant seeking the following relief:-

The facts in brief are that the applicant's father was appointed as a Safai Karamchari with MCD on 01.04.1984. After completing over 33 years of service, he superannuated on 30.09.2017 and was granted pension. The applicant’s mother had predeceased his father on 09.05.2011. On 22.08.2021, the applicant’s father passed away.

Following the demise of his father, the applicant submitted a representation on 11.09.2021 requesting the stoppage of his father's pension and the grant of family pension in his favor as a disabled dependent son. On 04.10.2021, the respondents directed the applicant to submit the death certificate, bank passbook, PPO sheet, and a formal application. The applicant duly submitted all supporting documents on 05.10.2021. On 09.11.21, the office informed him that his case was forwarded to the DCA/Final Payment (HQ), North DMC for expert advice regarding his eligibility.

When no further action was taken, the applicant preferred OA No. 145/2022, which was disposed of by this Tribunal on 20.01.2022 with a direction to the respondents to consider his representation and pass a reasoned and speaking order within six weeks. Pursuant to these directions and upon reporting with documents on 21.03.2022, the Deputy Commissioner, Rohini Zone sanctioned the family pension in favor of the applicant w.e.f. 23.08.2021.

However, despite the aforesaid sanction, the Administrative Officer, DEMS/Rohini Zone issued the impugned order dated 07.12.2023 stating that the application for grant of family pension could not be considered at that stage. The applicant again submitted his response with supporting documents on 26.12.2023, but to no avail. Aggrieved by the order dated 07.12.2023, the applicant has approached this Tribunal by way of the instant OA.

The Tribunal during the proceedings had taken note of the stand of the respondents that there was an impediment in releasing the family pension due to non-submission of Form 10, whereas the counsel for the applicant maintained that all necessary documents stood supplied. Observing that the respondents were per se not opposing the release of family pension, and keeping in view that the applicant is 100% visually disabled, this Tribunal vide order dated 11.08.2026 directed the applicant to personally visit the office of the respondents on 24.08.2026 to complete all formalities, with directions to the counsel for the respondents to facilitate the same and sensitize the concerned officials.

Today, the respondents have filed a status affidavit. The same is on record. Learned counsel for the respondents relies on the same that the documents submitted by the applicant were duly taken on record and the case file, along with the documents furnished by the applicant was forwarded to the AO, Pension HQ (MCD) on 28.08.2026 for further necessary action and processing of the case. Accordingly, he requests that since the appropriate action has been taken by the response, let this OA be disposed of with time-bound directions to the respondents to complete the process and release the family pension.

Learned counsel for the applicant does not oppose the submissions of the respondents’ counsel. He, however, relies on the judgment of the Cuttack Bench of this Tribunal in Chiti Babu Dora v. Union of India & Ors. (OA No. 426/2020, decided on 03.03.2022). In the said judgment, the Cuttack Bench, while dealing with a case of a 100% visually challenged dependent son of a deceased employee, observed that family pension is not a charity or a bounty, but a right to protect the dignity of a disabled child under Article 21 of the Constitution of India. The Tribunal held that a hyper-technical approach or arbitrary rejection by authorities without considering ground realities shocks the conscience, and that the beneficial pension provisions must be implemented to ensure the disabled child is not deprived of their rightful sustenance. He accordingly, submits that the respondents be directed to take the necessary steps to alleviate the grievance of the applicant, expeditiously.

We have considered the matter. It is an admitted position that the applicant is 100% visually disabled and his claim for family pension had already been sanctioned by the respondents vide order dated 14.11.2022 w.e.f. 23.08.2021. The initial roadblock in releasing the actual pensionary benefits was on account of certain documentation/formalities, which now stand completed as per the status affidavit filed today.

We are sanguine that the respondents shall expeditiously complete the remaining administrative processing at their end. In view of what has been discussed hereinabove and in light of the decision of the Cuttack Bench of the Tribunal in Chiti Babu Dora (supra), the impugned order dated 07.12.2023 is quashed and set aside. The respondents, particularly the Administrative Officer (Pension HQ), MCD, are directed to finalize the processing of the case file and release the family pension along with arrears to the applicant, after completing necessary formalities as per law, within a period of eight weeks from the date of receipt of a certified copy of this order.

The OA is disposed of in the aforesaid terms. Pending MAs, if any, also stand disposed of. No costs.