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Harsha Vardhana R (Project Manager)     15 July 2013

Family pension for mentally disabled son

Dear Sir,

This is about continuation of family pension for a mentally disabled person(my brother). He has been diagnosed as Schizophrenic since 25 years

Our father served and retired from Government of Karnataka service and received pension till his death. After that, mother became eligible and she too received family pension. After her death, we came to know that brother too becomes eligible and we have applied for continuation for my brother. A goverment psychitrist ( above the rank of District Surgeon) has certified his condition.

When I applied to the department (where father served), they have promptly cleared all the files but it has been returned by Finance Department. The objection has been about non-inclusion of brother's name in service record (SR).

I see that due to a SC judgement, similar person started receiving Family Pension in 1982 after the death of parent in 1976. I assume that in that case too, it most likely that the son was NOT included in official records like Service Record etc.

The link for that judgement -  https://www.lawyersclubindia.com/forum/mentally-retarded-son-eligible-for-pension-6548.asp

 I am planning to quote this judgement in my further requests to the government.

So please advise. If there are other cases/judgements in same/similar manner, that too would help me.

Regards,
Harsha

 

 

 



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     17 July 2013

met the nearest available lawyer with the papers.


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