In the Court of Commissioner for Persons with Disabilities
National
Capital Territory of Delhi
25- D, Mata Sundari
Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-23216002-04,
Telefax: 23216005
[Vested with power of
Civil Court under the Persons with Disability (Equal Opportunity, Protection of
Rights and Full Participation) Act, 1995]
Case No.
4//1563/2017-Wel./CD/ 3675-76 Dated: 02.01.2018
In the matter of:
Sh.
S. Natarajan
Surbhi,
Akamkudi P.O.,
Nagiarkulangara(via)
Haripad,
Alappuzha Distt.
Kerala-690513 …….... Petitioner
Versus
The Medical Superintendent
Guru Nanak Eye Centre
Maharaja Ranjit Singh Marg
New Delhi -110002 ..........Respondent
Date
of Hearing: 12.12.2017
ORDER
The
above named complainant vide his complaint dated 03.01.2017 submitted that his
wife Ms. T. Gopa Natarajan retired as ANS w.e.f. 30.09.2004 from Guru Nanak Eye
Centre, Government of NCT of Delhi. Her
PPO No. is 702250-4-02194 dated 30.12.2014.
She expired on 30.12.2014 and the complainant is getting family
pension. He further submitted that as
per the Government orders the permanently disabled son/daughter of a pensioner
is eligible for family pension on the death of pensioner even after the
marriage of siblings. His son, Sh.
Prasant Natarajan age 39 years has 40% permanent disability due to cerebral
palsy as per the certificate of LNJP Hospital, New Delhi and T.D. Medical
College and Hospital, Allepuza, Government of Kerala which were forwarded to the
Sr. Accounts Officer, Special Cell, CPPO, Trikoot-2, Bhikaji Cama Place, R.K.
Puram, New Delhi on 3rd May, 2016 for grant of family pension to his
son after he is no more. The request was
forwarded to LNJP Hospital. Lastly,
Administrative Officer, Guru Nanak Eye Centre, vide letter dated 29.10.2016
directed the complainant to personally visit his office with the relevant
documents. The complainant intimated him
his inability to personally visit as he was 76 years old vide his letter dated
10.11.2016. As he did not receive any
communication, he requested this court to intervene and direct the concerned
authorities to take necessary action.
The complaint was thus taken up with the respondent vide communication
dated 18.09.2017.
2. The respondent vide letter dated
11.10.2017 informed:
Quote: “With
reference to your case no. 4/1563/2017-WEL/CD/1894-95 dated 18.09.2017 issued
by Dy. Commissioner, State Commissioner for Persons with Disabilities. In this regard it is to inform you that the
case regarding grant of family pension to permanently disabled son of pensioner
on her/his death dealt in this office.
Further it is also inform that this case has already been sent to Pay
& Accounts Officer (Technical Cell), Central Pension Accounting Office,
Government of India, Trikoot-2, Bhikaji Cama Place and Dy. Controller of
Accounts (Technical), Principal Accounts Office, Vikas Bhawan, ITO for
clarification that pension will be granted to son of diseased person that is T.
Gopa Natarjan (copy enclosed)”. Unquote
3. As per reminder dated 06.10.2017 sent by
the respondent to PAO (Technical Cell), CPAO, Government of India, CPAO was
requested to clarify whether family pension to permanently disabled son of the
complainant on his death can be given without Doctor’s medical certificate that
he is not able to earn his livelihood.
4. A hearing was scheduled on
12.12.2017. During the hearing, the
representatives of the respondent submitted that they had informed the
complainant to submit a certificate as required under Rule 54(6)(iv) of CCS
(Pension) Rules, 1972 which requires that the medical Board of a Government
Hospital should certify that his son is not able to earn his livelihood vide
letter No. F. (54)/GNEC/Pension/Ex-ANS/2016/6441 dated 11.10.2017. The said
certificate has to be obtained from Medical Board of a Government Hospital of
NCT of Delhi. The complainant was also
very clearly informed that on receiving the said certificate, family pension to
his disabled son would be processed.
However, they have not received any medical certificate from the
complainant so far. They further
submitted that they had also written to the Pay and Accounts Officer (Technical
Cell), CPAO to clarify whether life time pension can be granted to a
permanently disabled son of pensioner on his death irrespective of whether he
is able to earn his livelihood. CPAO
vide their letter dated 16.11.2017 has informed that medical certificate is a
pre-requisite for grant of family pension to permanently disabled child. A copy of the letter dated 10.06.2017 to the
complainant and CPAO’s letter dated 16.11.2017were taken on record during the
hearing.
5. The
complainant vide his e-Mail dated 08.12.2017 informed that he is not able to
attend the hearing in Delhi. He also mentioned
that his Department namely Ministry of Defence, has already sanctioned family
pension to his disabled son Sh. Prasant Natarajan based on the medical
certificate which was submitted to the respondent.
6. Sh. Chandrababu a friend of the complainant
was contacted on his telephone which was shared by the respondents during the
hearing. He was informed about the need
to submit the medical certificate under Rule 54 of the Pension Rules, 1972 to
enable the competent authority to take a considered view and was requested to
convey to the complainant to submit the requisite certificate to the respondent.
7. Later
on, the complainant also telephoned and he was advised to get the certificate
as required under the relevant pension rules and submit the same to the
respondent at the earliest. In response,
the complainant vide his letter dated 14.12.2017 informed that TD Medical
College, Medical Board has clarified verbally that they have a set language for
issue of Medical Certificate and they cannot
issue a medical certificate as dictated by his Department. He has further stated that he is permanently
residing in Allapuzha District, Kerala and cannot approach other medical board
as, according to Kerala Government orders, one has to approach the medical
board of the concerned district where the individual is permanently
residing. The complainant has also
enclosed an attested copy of the certificate of disability dated 12.08.2015
which he had submitted alongwith his complaint.
He has also submitted a certificate from Nakkada Mission Hospital,
Thiruvallam, Kerala mentioning that Mr. Prasant Natarajan had been under the
treatment of the hospital for epilepsy and psychosis since 21.04.2013 and he
needs long term care, support and treatment.
8. Rule 54 (6) (iv) of CCS Pension Rules, 1972
under which a daughter/son with disability of a Government employee is entitled
to life time family pension reads as under:
“Before
allowing family pension for life to any such son or daughter, appointing
authority shall satisfy that the handicap is of such a nature so as to prevent
him or her from earning his or her livelihood and same should be evidenced by a
certificate obtained from a Medical Board comprising of Medical Superintendent
(MS) or Principal or Director or Head of Institution or his nominee as Chairman
and to other members, out of which atleast one shall be specialist in a
particular area of mental or physical disability including mental retardation
setting out, as far as possible, the exact mental or physical condition of the
child.”
9.
In the light of the provision of Rule 54 (6)(iv) of the CCS (Pension)
Rules, 1972, the complainant is advised to submit the required medical
certificate from the competent Medical Board not necessarily from a Government
Hospital in Delhi and submit to the respondent. The concerned appointing authority/ Respondent
is advised to take immediate action thereon and decide grant of family pension for life to Sh.
Prasant Natarajan after the death of the complainant within 60 days from the
date of receipt of the medical certificate and ensure that the necessary entry
in the PPO is made for the same.
10. The complaint is disposed off accordingly.
11. Given
under my hand and the seal of the Court this 2nd day of January, 2018.
(T.D. DHARIYAL)
Commissioner for
Persons with Disabilities
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