Jaipur: Rajasthan High Court has asked govt to start provisional family pension and disability pension for a 62-year-old unmarried woman having mental ailments like schizophrenia along with physical disorders. The court has asked govt to start family pension from May 1 for the woman, who is the daughter of a couple who were govt servants.
A single judge bench of Justice Sudesh Bansal passed this order on Thursday while hearing a petition filed by Seema Hardy through her guardian brother, Arun Hardy. As per the order uploaded Friday, the HC found the petitioner eligible and entitled to receive family pension under Rule 67 of the Rajasthan Civil Services (Pension) Rules, 1996.
The petitioner’s father, E Hardy, was a govt servant and retired as a senior clerk at the secretariat on Jan 5, 1987. He passed away on May 15, 2008.
“The petitioner’s brother applied for a family pension for the woman. However, on July 23, 2010, the department of personnel declined to release the pension to her in the absence of proof of her disability. Now, since the certificate of her mental disorder is on record, the department of personnel is directed to release provisional family pension from May 1 as an interim measure,” said Justice Bansal in his order.
The HC said it is open for the department to verify the petitioner’s mental disability certificate through the chief medical and health officer (CMHO) concerned and a medical jurist of SMS Hospital.
During the hearing, additional advocate general (AAG) Kapil Prakash Mathur, appearing on behalf of the social justice department, apprised the HC that there is a policy of fixed disability pension for disabled persons. “The court appreciates this gesture, and thus the petitioner should be given fixed disability pension in addition to the regular family pension as per their policy,” Justice Bansal said.
The HC also directed the member secretary of Rajasthan State Legal Services Authority to provide all necessary assistance to the petitioner to ensure compliance with this order for the release of family pension and disability pension. The HC has fixed July 29 as the next date of hearing.
