Latest news with #SonalAlagh
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Business Standard
02-07-2025
- Business
- Business Standard
'Right not a favour', says HC on pension to disabled kids: what law says
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.
Time of India
13-05-2025
- Time of India
Partially confirmed train ticket: Can you travel on a ticket with 2 confirmed and 2 waiting list passengers?
The Indian Railways has introduced strict vigil measures against those who are travelling in the Railways with improper tickets. To be more specific, an improper ticket means you are travelling in the wrong coach (bogie) of the train, but the ticket itself is valid for travel. It's like saying you have four relatives travelling to Dehradun from Delhi but due to heavy demand, only two of your tickets are confirmed, the other two were put in the 'waiting list' category. #Operation Sindoor From crossfire to calm: What India, Pakistan Army chiefs said on the hotline Did China send a cargo plane with military supplies to Pakistan? India-Pakistan tension: Exodus of migrant workers takes a toll on industry From May 1, 2025, if you face such a situation (partially confirmed and partially waitlisted ticket) only people with confirmed ticket will be allowed to travel. The remaining people with a waitlisted ticket won't be allowed to travel even in sleeper class or any of the AC coaches (3E, 3AC, 2AC, etc). If you don't follow this new rule, then the TTE is empowered to impose a heavy fine on you in violation of Section 155 of the Railways Act, 1989. Read below to know what you can do in such a situation where half of your group got confirmed tickets, but the other half is still on the waiting list. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm What are your options? To reiterate the situation, you booked four Railway travel tickets, but only two tickets were confirmed, the other two were put in the waiting list category. Sonal Alagh, Partner, Alagh & Kapoor Law Offices, shares the solution to this problem where you are on a waitlist ticket and neither got confirmation nor RAC even after the preparation of the chart. Live Events Alagh says: 'If an online ticket remains fully waitlisted even after final chart preparation, the IRCTC system automatically cancels it and refunds the fare, as per Rule 213-A of the Indian Railways Refund Rules, 2015, read with the IRCTC policy update. No physical cancellation is needed by the passengers. However, if a waitlisted passenger still wishes to travel, they must purchase a fresh Unreserved (General) class ticket, which is available either at station counters or through the UTS mobile app. Entry into general compartments without a valid general ticket constitutes unauthorised travel and is punishable under Section 137 of the Railways Act, 1989, which may include fine or imprisonment.' This means the persons who are on the waitlist ticket even after preparation of the chart need to separately purchase (online through UTS App or offline) a general compartment ticket. The above shared solution is not required in cases where the waitlist ticket is converted into an RAC ticket by the Indian Railways. To give you a brief background on waitlist tickets, usually they are confirmed at the time of chart preparation or put into RAC (reservation against cancellation). However, if there is a heavy demand for the train tickets, waitlist tickets do not get confirmed or get RAC, instead they are cancelled. In RAC, you pay the full price of the ticket, but you need to share your berth with another passenger. Also read: IRCTC bans waiting list passengers from Sleeper and AC travel starting May 1, 2025 IRCTC Waitlist ticket refund rules for offline and online purchased tickets Since a railway ticket can be bought from the station reservation counter (offline) and also from the IRCTC website/app (online) the process for getting refund for waiting list tickets which are not confirmed till the time of preparation of the chart differs. Here's the process: For online tickets: According to IRCTC website, 'In case of wait-listed e-tickets on which all the passengers are on waiting list even after preparation of reservation chart, names of all such passengers booked on that Passenger Name Record (PNR) will be dropped from the reservation chart and refund of full fare will be credited automatically back to the account, from which booking transaction took place, without deducting any cancellation charges.' For offline tickets: According to a report by the Economic Times which quoted PTI, Railway Minister Ashwini Vaishnaw said on March 25, 2025: "Waitlisted PRS counter ticket shall be cancelled across the reservation counter on surrendering of the original PRS counter ticket as per time limit prescribed in Railway Passengers (Cancellation of Tickets and Refund of Fares) Rules 2015. However, in normal circumstances, cancellation of PRS counter ticket can also be done online through IRCTC website or through 139 within the prescribed time limit as per Railway Passengers (Cancellation of Tickets and Refund of Fares) Rules 2015 and refund amount shall be collected by surrendering original PRS counter ticket across the reservation counters as per instructions issued from time to time.' What is the reason behind this solution? This is not the best solution since the general compartment in a train is not as luxurious as AC compartments, but given the bad situation (4 tickets booked but only2confirmed) it is a better alternative. The other alternative is to cancel the entire train trip. Ashish Yadav, Senior Associate, TAS LAW, says, the Indian Railways took this decision after widespread complaints and instances often seen in viral videos and photos circulated on social media wherein in many instances, passengers with confirmed tickets struggled to claim their seats due to overcrowding and unauthorised occupancy by waiting list passengers. 'Hence the reason why effective from May 1, the TTE has provided the power to ask waiting list passengers to deboard at the next station if travelling in reserved AC or Sleeper compartments,' says Yadav. Alagh says, 'Under the revised Indian Railways regulations effective May 1, 2025, waitlisted passengers are strictly prohibited from traveling in reserved compartments such as Sleeper and AC coaches, even if accompanying friends with confirmed tickets. This is in accordance with the Indian Railways Commercial Manual (Vol. I, Para 603) which outlines the requirement of a valid reservation for entry into reserved coaches.' Punit Bhansali, Associate, MVAC Advocates & Solicitors, says: As per the new regulations, the waiting list passengers cannot travel without a valid ticket in the reserved coaches. Consequently, if any passenger is found travelling without a valid ticket a fine of Rs 250 for Sleeper coach and Rs 440 for AC coach will be charged. Additionally, the passenger will also be charged the fare from the boarding point to the next station and will be disembarked from the coach. If a waiting e-ticket remains unconfirmed after the final chart preparation, it will be automatically cancelled, and a refund will be processed to the passenger's account. As such, if the passenger wishes to travel in the unreserved/ general coach, the passenger has to purchase a separate unreserved ticket. Holding a cancelled waiting ticket does not grant the right to travel in any coach; a valid unreserved ticket is required to board unreserved/ general coaches."
