Railway authorities must verify disability and livelihood eligibility before rejecting a disabled daughter’s family pension claim.

The applicant’s father, a Northern Railway employee, retired in 1993 and died in 1994; her mother thereafter received family pension until her death on 16 June 2023.

The applicant claimed family pension as a 100% blind, dependent daughter and relied on a disability certificate and a Railway Board letter dated 8 July 2022 concerning married disabled children.

The respondents rejected her claim on 13 June 2024, relying on a Welfare Inspector’s report and statements from her siblings disputing her disability and other aspects of her claim.

The applicant challenged the rejection before the Tribunal.

The Tribunal found that the enquiry had not examined the livelihood criterion or verified the disability certificate with its issuing authority.

Whether the respondents’ rejection of the applicant’s family-pension claim, based on the Welfare Inspector’s enquiry, could stand when the applicant’s disability and eligibility under the livelihood criterion had not been properly verified.

Whether a married disabled daughter could be considered for family pension, subject to the applicable disability and livelihood requirements and the absence of a prior claim by another family member.

Rule 75(6) of the Railway Services (Pension) Rules, 1993 provides for family pension to a son or daughter whose mental or physical disability renders them unable to earn a livelihood, subject to the rule’s conditions.

Before granting pension for life, the appointing authority must be satisfied that the disability prevents the child from earning a livelihood, supported by a certificate from a Medical Board of the composition specified in the rule.

The Railway Board’s letter dated 8 July 2022 clarifies that a married disabled son or daughter may be sanctioned family pension for life, subject to the livelihood criterion and the absence of a prior family claim under the Pension Rules.

The Tribunal held that the applicant’s marriage was not, by itself, a bar to consideration of her claim under the Railway Board’s clarification.

However, entitlement depended on establishing her disability and inability to earn a livelihood, and on the absence of a prior claim by another family member; no such prior claim was on record.

The Welfare Inspector’s report did not assess the livelihood criterion and relied on relatives’ statements disputing the applicant’s blindness without verifying her disability certificate with the issuing authority.

The Tribunal therefore found that the rejection rested on an incomplete enquiry and that the relevant eligibility requirements had not been properly determined.

It directed the respondents to verify the applicant’s disability and livelihood eligibility, determine her entitlement under Rule 75(6) of the Railway Services (Pension) Rules, 1993, and decide her claim within three months of receiving a certified copy of the order.

The associated miscellaneous applications were disposed of, and the parties were directed to bear their own costs.