The Jammu and Kashmir and Ladakh High Court has held that family pension provisions for disabled dependents should be interpreted liberally to prevent the exclusion of genuine beneficiaries.
Smt. Balbir Kour, a 100% disabled resident of Budgam, approached the High Court after SBI rejected her claim for family pension following her father's death. Her father, a retired Army personnel and former SBI guard, had passed away in 2010. With her mother having predeceased him, Balbir applied as a dependent. Though the Army had recognized her disability and recommended the pension, SBI denied it on technical grounds, leading her to challenge the decision in court.
Justice Sanjay Dhar, while directing the State Bank of India (SBI) to release family pension to a severely disabled woman whose father had served as a security guard, observed, “The objective of granting pension to a disabled person is to ensure social security and financial assistance to those who are unable to sustain themselves. Grant of pension to disabled person aims to promote equity, inclusion and social welfare by ensuring a safety net for individuals with disabilities. The provisions governing the grant of family pension to a disabled person cannot be interpreted in a narrow sense, so as to exclude genuine claims. Such provisions have to be interpreted liberally so that the benefit of this essential security measure is extended to all deserving and eligible persons.”
The Court held that SBI’s rejection of Balbir Kour’s family pension claim was based on an unjust and overly narrow interpretation of its rules, amounting to a miscarriage of justice. It also dismissed the bank's argument of delay, noting that Kour had approached the High Court as early as 2011, with the final rejection occurring in 2020 and the current petition filed in 2023. Considering her severe disability and reliance on others, the Court ruled there was no undue delay in seeking relief.
“While considering the justification for delay in filing the writ petition, we have to take into account the fact that the petitioner is a crippled person who depends completely upon others. In such circumstances it would not have been possible for the petitioner to consult the lawyer to file writ petition immediately after issuance of impugned communication dated 23.04.2020”, the court added.
The Court quashed SBI’s rejection letter dated 23.04.2020 and directed the bank to process and sanction Balbir Kour’s family pension claim as per the applicable rules within two months.
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