Upholding the legal rights of transgender community member in accordance with the apex court ruling, the Orissa High Court has directed the Principal Accountant General to expedite the release of family pension within six months to an unmarried transgender offspring of a deceased State government employee.
“This Court is of the considered view that the petitioner as a transgender has every right to choose her gender and accordingly, she has submitted her application for grant of family pension under Section 56(1) of Odisha Civil Services (Pension) Rules, 1992. Further such right has been recognized and legalized by judgment of the apex Court. Therefore, the present writ petition filed by the petitioner deserves to be allowed”, the HC ordered.
The principal accountant general (A&E) is directed to immediately calculate, sanction and disburse the family pension as is due and admissible to the petitioner within the aforesaid stipulated period of time, Justice A.K. Mohapatra ordered in a judgment.
As per reports, Kondagiri’s father, Balaji Kondagari, was a government employee in the rural development department in Rayagada district. After Balaji’s death, the family pension was sanctioned to his wife Binjama. However, Binjama died of age-related ailments on July 17, 2020. Thereafter, Kondagiri, who is unmarried, applied for the family pension.
Though it was sanctioned by the competent authority in Kondagiri’s favour on June 29, 2021, the principal accountant general (A&E), Odisha, did not take any step for disbursal of the family pension in her favour. Subsequently, Kondagiri filed a petition seeking the Court’s intervention for sanction of the family pension.
The Pension Rules, 1992 under Rule 56(5)(d) provides that family pension is also payable in case of any unmarried daughter even after attaining the age of 25 years till her marriage or death whichever is earlier subject to condition that the monthly income of the daughter does not exceed Rs.4,440/- per month from employment in Government, semi Government, statutory bodies, corporation, private sector, self-employment shall be eligible to receive family pension.