ORISSA: In the recent case judgment Orissa High Court ordered the grant of a family pension to a transwoman who was allegedly being tortured by the society and was being discriminated against on the basis of her gender while allowing pensionary benefits after the death of her parents.
A Single Bench headed by Justice Aditya Kumar Mohapatra said,
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 Hon’ble Apex Court in NALSA’s Case (supra) and as such, the law laid down by the Hon’ble Supreme Court is binding on all.
In the recent case where a trans woman lost both her parents working under the govt office was sanctioned and disbursed with the family pension. After their death, the present petitioner, who is a transwoman, applied for sanction of family pension in her favor under Rule 56 of the Odisha Civil Services (Pension) Rules, 1992 to the Executive Engineer RW Division, Rayagada.
It was claimed that she and her sister come under the category of “unmarried daughter, widow or divorced daughter” and as such eligible to get family pension.
The Court 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.
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