Sandhiya (NA) 16 May 2026

Family pension for disabled unmarried daughter

Hello,

I had previously posted under the foll thread but unablet o post my latest reply there, since its not allowing me to reply there. I am looking for further advise on this due to the latest developments.
https://www.lawyersclubindia.com/forum/family-pension-for-disabled-unmarried-daughter-238797.asp

The Chennai AG office has issued a Family Pension order (lower percentage) instead of Disability Pension (higher percentage) for her. They are saying the disability certificate shows that the disability started after age 25, so they rejected the Disability Pension claim based on the age-25 rule.

However, a few months ago, we found an old doctor’s letter showing that the disability existed in 1992, when she was 25 years old, although it had actually started much earlier in 1985. We informed the AG office immediately, but they asked us to get a new disability certificate issued.

Now, the Medical Board says they need the old disability certificate back in order to issue a new one with the corrected 1992 date. But the AG office is refusing to return the old certificate.

At the same time, the local Treasury Office says that if we do not collect the current Family Pension order, it may get cancelled.

So we are confused about what to do:

Should we accept the current Family Pension first and then apply again for Disability Pension?
Or should we not accept it and continue trying for the Disability Pension directly?
Or do we now need to take the legal route?

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 16 May 2026

You first accept the pension now granted and simultaneously submit an application for disability pension and also for return of the original disability certificate.

Let the authorities reject your application in writing after which you approach High court with a writ petition seeking relief and remedy.

1 Like

P. Venu (Advocate) 16 May 2026

"............... he local Treasury Office says that if we do not collect the current Family Pension order, it may get cancelled."! What is the source of this information?

The Treasury Office is duty bound to discburse the pension as sanctioned. irrespective of the acceptance of the pensioner.

The issue of enhanced family/disability pension could be pusued separately. If so advised High Court/Tribunal could be apprached.

It appears that the posting is based on heresay/berbal interactions than written official communication. Why?

Dr. J C Vashista (Advocate ) 17 May 2026

Same story is being repeated time and again at:

https://www.lawyersclubindia.com/forum/family-pension-for-disabled-unmarried-daughter-238797.asp

and

https://www.lawyersclubindia.com/forum/medical-records-query-and-laws-238811.asp

If you are not satisfied with the obligation of experts on this platform, it would be appropriate to consult a local prudent lawyer for proper analyses of facts/ documents, professional advise and necessary proceeding.

Sandhiya (NA) 18 May 2026

@Kalaiselvan Sir - Thank you for your reply. The AG office is now asking us to come in person to collect the disability certificate submitted earlier. We are planning to try this week to get it back, and then go again to the medical board to get a new certificate with the corrected date.

@P. Venu Sir - Thank you for your reply. Sorry, perhaps I misunderstood the letter. We received an official letter from the local treasury office stating that if there is no response, the file will be returned to the AG office and that we should collect it without further delay. Since it mentioned returning it to the AG office, I assumed it meant cancellation, but perhaps that is not the case. We will check with the local treasury office for clarification.

@Dr. J C Vashista - Thank you very much for the expert guidance provided on this platform. You are correct that I already have two threads on this issue and then created a third one. The reason is that after posting a reply, I am unable to reply again in the same thread unless someone else responds first. Since my reply was the last one in both previous posts, I could not add further updates there. I will try to contact the admin for guidance. Please bear with me until then. My preference is also to continue in a single thread, but the system is not allowing me to do so currently.

T. Kalaiselvan, Advocate (Advocate) 23 May 2026

Thanks for the updates as well as for your appreciations.

Sandhiya (NA) 07 June 2026

The AG Office has refused to return the original disability certificate in person and has asked us to request it through my father's workplace. We are in the process of making that request now. They are giving us the run around it seems :(

We have also sent a grievance email to the AG Office, although I am not sure whether that email address is actively monitored or if we will receive a response. We will also try to submit the grievance in person at the AG office Grievance Cell.

In the meantime, I am trying to find the official source for the two rules below. Please let me know where I can find them. I see these are being dicussed in the link below. https://www.legalbites.in/constitutional-law/is-pension-a-right-or-a-charity-for-disabled-dependents-1157516

These provisions may help us approach the AG Office again and request reconsideration, since their remark states that they are unable to approve the family disability pension because the disability did not begin before the age of 25.

Tamil Nadu Pension Rules, 1978: A disabled child is entitled to family pension for life, regardless of age, if a qualified medical officer certifies that the child is unable to earn a livelihood.
CCS (Pension) Rules, 1972, Rule 54(6): A son or daughter who is unable to earn a living due to a disability remains eligible for family pension even after crossing the age limit.

Please let me know where these provisions are officially published or whether there are any relevant government orders or circulars that support them.