Manoj Kumar Gupta, J. - (1.) Heard learned counsel for the petitioner, learned standing counsel for respondent no.1 and Sri Baleshwar Chaturvedi for respondents 2 to 5.
(2.) The father of the petitioner was a regular employee of the Respondent-Corporation. He retired after attaining the age of superannuation on 30 May 1991. He was being paid pension after retirement. He died on 2 August 2011. The mother of the petitioner died on 10 March 2007, i.e., before his father died. The petitioner claims that he is suffering from polio since childhood. As a result, he is incapacitated to the extent of 40%. The petitioner, therefore, submitted a claim for being granted family pension by making representation dated 5 October 2011. He was asked to submit a certificate from Chief Medical Officer, Kanpur evidencing the nature of disability and whether he was in a position to earn his livelihood or not. The petitioner got himself medically examined by the Chief Medical Officer, Kanpur Nagar and thereafter submitted a medical certificate issued by him on 21 December 2011 showing extent of disability as 40%. The fifth respondent sent a communication to Anu Sachiv (Pension), U.P. Power Corporation Ltd dated 4.5.2012, seeking his guidance in the matter. When no action was taken in the matter, the petitioner sent repeated reminders. On 9.12.2015, the fourth respondent addressed a communication to the Chief Medical Officer, Kanpur Nagar requiring him to certify as to whether the petitioner is in a position to earn his livelihood or not. In response thereto, the Chief Medical Officer on 2.1.2016 intimated the fourth respondent that apart from certifying the extent of disability, he is not having any guidelines in his department on the basis of which such a certificate could be issued.
(3.) Thereafter, it seems that no further action was taken by the Respondent-Corporation in the matter, compelling the petitioner to file the instant writ petition seeking a mandamus commanding the respondents to grant family pension to him w.e.f. 3.8.2011 in terms of the Government Orders dated 25.10.1990, 6.8.1981, 12.11.1997 and 20.5.1999.;