'Right not a favour', says HC on pension to disabled kids: what law says

Business Standard

2 days ago

When a government employee passes away, their dependent children with mental or physical disabilities are legally entitled to a lifetime family pension. Yet, experts point out that on ground things are a tad different.
Red tape, unnecessary document demands, and long waiting periods make life difficult for the intended beneficiaries. A recent Madras High Court ruling is now being seen as a ray of hope for such families.
The rule is clear, but delays are common
'Despite clear statutory protection under Rule 54(6) of the CCS (Pension) Rules, which allows for lifetime family pension for such dependents, authorities often insist on documents like income certificates that the law does not require,' said Sonal Alagh, founding partner at Alagh & Kapoor Law Offices.
'This reflects bureaucratic rigidity and causes immense hardship to families already grappling with caregiving responsibilities.'
'Even though the Rules only require medical certification of disability, the authorities often insist on additional proof, most commonly, an income certificate, which is beyond the Rules. This leads to prolonged processing times, often running into months or years, and, in many cases, outright rejections,' said Jeevan Ballav Panda, partner at Khaitan & Co.
The case of Jerald, a mentally disabled son of a deceased forest officer, and Sujatha, the disabled daughter of a former acting chief justice of the Madras High Court, laid bare such administrative apathy.
Both faced repeated requests for documents already submitted and endured long delays, noted Soayib Qureshi, partner at PSL Advocates & Solicitors.
Judgment strengthens legal footing
The High Court, in The Principal Accountant General (A&E) v. AV Jerald & Ors., unequivocally said that authorities cannot demand documents not prescribed under the rules.
'By linking timely pension payments to Article 21 of the Constitution (right to life and dignity), the court reaffirmed that pension is a legal right, not a favour,' Qureshi said.
'This ruling serves as a timely reminder for government departments to act quickly and humanely, especially when dependents suffer from intellectual disabilities,' added Nihal Bhardwaj, counsel at SKV Law Offices
Required documents -- No income proof needed
All four experts stressed the minimum required paperwork:
Death certificate of the pensioner
Proof of relationship with the dependent (e.g., birth certificate)
Medical certificate from a government hospital or Medical Board confirming the disability and inability to earn a livelihood
Guardianship certificate (only if the dependent is incapable of managing affairs)
Identity proof (such as Aadhaar)
'Importantly, income certificates are not legally required. The focus is purely on disability,' Alagh emphasised.
What families can do if the pension is delayed
If a dependent's pension is held up despite submitting all required documents, families can escalate in stages:
File a formal representation with pension authorities citing Rule 54(6) and the Madras HC judgment
Approach tribunals or file a writ petition under Article 226 of the Constitution if ignored
Lodge a grievance on CPENGRAMS, the central pension grievance portal
'Maintain detailed records of submissions. Courts have taken a firm stance against unjustified delays,' Qureshi advised.
A precedent with nationwide reach
Though from the Madurai Bench, this ruling is already being seen as a strong precedent.
'It aligns with the Supreme Court's stand in Bhagwanti Mamtani versus Union of India (1995) and offers a legal foundation that families across India can rely upon,' said Alagh.
With expert backing and a supportive judicial interpretation, the message is clear: families of disabled dependents have a right-- not a request-- to pension, and they now have the legal tools to assert it.