Authority: High Court at Calcutta (Constitutional Writ Jurisdiction Appellate Side)

Order Date: 21/09/2026

Case Overview

  • Parties: Petitioner Ravi Kumar Dhanuk vs. Union of India & Others, including the Kolkata Port Trust.
  • Nature of proceeding: Writ petition seeking family pension under the Calcutta Port Trust Employees (Pension) Regulations, 1988.
  • Key dates: Father (the employee) died in February 2026; petitioner filed petition thereafter; supplementary affidavit included a letter dated 19 June 2026; judgment delivered on 21 September 2026.
  • Allegations: Petitioner claimed entitlement to family pension as a handicapped child of the deceased employee.
  • Regulatory framework: Clause 37(5)(iv) & (v) of the 1988 Regulations require a disability certificate from the Chief Medical Officer; explanation (a) states the disability must have manifested before the employee’s retirement or death.
  • Findings: No nomination form naming the petitioner; no declaration of disability submitted by the deceased; no disability certificate; therefore the statutory conditions for a handicapped‑child pension were not satisfied.
  • Court reasoning: Without the required nomination, declaration, and pre‑death disability evidence, the petition cannot be granted.

Final Outcome

  • The writ petition is dismissed.
  • No order as to costs.

Topics: Pension Claim, Court Judgment, Employee Benefits