Physical disability – Percentage and type for grant of family pension

No.F(E)III/2005/PN1/32, dated 24.08.2021

Sub: Percentage and type of Physical disability to be considered as disability for grant of family pension to the ward of the Railway employee – reg.

1.     Clarifications have been sought by one of the Zonal Railways on the following issues:-

(i) Who is the competent authority to decide the percentage of disability and issuing livelihood certificate on the basis of which family pension be sanctioned? Whether it is civil authorities (Non-Railway) or the concerned Railway’s medical authority?

(ii) In case, only percentage of disability is made available to the Pension Sanctioning/ Appointing Authority, then what should be the criteria to allow/ disallow the family pension?

2.     The issue has been examined in consultation with the Department of Pension & Pensioners’ Welfare (DOP&PW), the nodal Department of Government on pensionary matters. For query No. (i) above, the DOP&PW’s clarification is as under:-

“the Medical Board mentioned in Rule 54(6) of the CCS (Pension) Rules, 1972 (corresponding to the Rule 75(6) of the Railway Services (Pension) Rules, 1993 is still competent to issue disability certificate for the purpose of family pension, as it has not been omitted. However, the authority Competent to issue disability certificate has been widened through OMs No.1/18/01-P&PW(E)(Vol.II), dated 30.09.2014 and 1/18/01-P&PW(E)(Vol.II), dated 05.11.2015 (circulated on Railways vide letters of even number dated 27.10.2014 (RBE No. 118/2014) and 11.01.2016 (RBE No. 03/2016), respectively) keeping in view the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and full Participation) Act, 1996.”

3.     As for the query raised in item No. (ii), it is stated that in terms of Board’s letter of even number dated 13.06.2019 read with Rule 75(6) of the Railway Services (Pension) Rules, 1993. It is for the appointing authority to satisfy that the disability of wards of Railway pensioners is such that he/she is not able to earn his/her livelihood and the same shall be evidenced by the certificate issued by the Competent Medical Authority and to decide whether such ward is eligible for grant of family pension subject to the conditions stipulated in Rule 75 of the Railway Services (Pension) Rules, 1993.

Download Railway Board Circular dated 24.08.2021

Forward reference ⇒ RBE No.

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