High Court Slams Chandigarh Administration: Orders Pension for Disabled Daughter, 9% Interest on Arrears

by The Uttam Hindu |
High Court Slams Chandigarh Administration: Orders Pension for Disabled Daughter, 9% Interest on Arrears
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Chandigarh (The Uttam Hindu) : In a landmark judgment that upholds the dignity and rights of disabled dependents, the Punjab and Haryana High Court has strongly criticized the Chandigarh Administration for denying family pension to a 70% disabled woman solely because she is married. The court ordered the administration to immediately start disbursing the pension and also pay 9% interest on the arrears.

Case Background

The case was filed by a woman suffering from 70% permanent disability, who became dependent on her deceased father — a retired government employee — after his death. However, the administration denied her family pension citing her marital status, even though she was incapable of earning a livelihood due to her condition. The woman argued that she was entirely dependent on her father during his lifetime and continued to be so after his passing. Her husband, too, was unable to support her financially, and she had no independent source of income.

Court’s Observations

Justice of the Punjab and Haryana High Court came down heavily on the administration, calling the decision discriminatory and insensitive. “A woman with a 70% disability who is unable to earn a livelihood cannot be denied family pension simply because she is married,” the court stated. “Dependency and disability are the key factors — not marital status.” The court clarified that the purpose of family pension is to support those who are financially and physically dependent on the deceased government servant, and this includes disabled children, irrespective of their marital status.

Directive to the Administration

The High Court has now directed the Chandigarh Administration to: Release the family pension to the petitioner without any further delay. Pay 9% interest on the entire arrears from the date it was due. Review similar pending cases, if any, and ensure that disabled dependents are not unjustly denied pension benefits.

A Precedent for Justice

Legal experts have hailed the judgment as a progressive move that aligns with the spirit of social justice and constitutional equality. “This verdict reinforces the principle that a disabled person’s rights should not be compromised based on outdated social norms like marital status. It’s a much-needed interpretation of pension laws in favor of vulnerable dependents,” said advocate Rajiv Bansal, a constitutional law expert.

Voices from the Community

Disability rights activists have welcomed the court’s order and called for a review of all pension-related policies affecting the disabled. “It’s a victory for every disabled daughter who is made to suffer due to bureaucratic apathy and gender-insensitive rules,” said Meena Sharma, a spokesperson for the Disabled Rights Forum. The High Court’s intervention has not only brought justice to the petitioner but also highlighted the urgent need to update pension policies in line with the rights of persons with disabilities. The judgment serves as a reminder to government bodies that fairness, not formalities, should drive policy implementation.

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