Paridhi Arya
Published on May 29, 2022 at 17:04 IST
A Single Judge Bench of Justice Aditya Kumar Mohapatra had ordered the Principal Accountant General (A&E), Odisha, Bhubaneshwar to grant family pension to the daughter who is a transwoman as her parents died.
It was alleged by the Petitioner that she was discriminated on the basis of her gender.
“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.” Bench held.
The father of the Petitioner was Government servant under Rural Development Department. He died and after that Petitioner’s mother use to get family pension. She died on July, 2020.
After that Petitioner, who is a transwoman applied for family Pension under Rule 56 of Odisha Civil Services (Pension) Rules under the category of ‘unmarried daughter, widow or divorced daughter’.
Application from Rural Development Department went to Principal Accountant General (A&E), Odisha, Bhubaneshwar recommending that she is eligible for family pension till marriage or death whichever is earlier. The authority made such recommendation knowing she is transwomen.
The petitioner contended that that under Rule 56 of Odisha Civil Services (Pension) Rules, 1992 her application was not considered and so pension is not sanctioned and she was treated discriminately by the authorities
It was further contended that in National Legal Service Authority (NALSA) Vs. Union of India (2014) 5 SCC 438, Supreme Court recognized that right of transgender is at par with another citizen’s right. The Supreme Court granted liberty to transgender for self-identification.
“Transgender persons’ right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender” held by Court.
The Counsel submitted that pension though sanctioned but not disbursed by Principal Accountant General (A&E), Odisha, Bhubaneshwar.
Court observed that the Petition is being allowed in accordance of the Supreme Court’s NALSA Judgment and she filed application under Rule 56 of Odisha Civil Services (Pension) Rules, 1992 is valid. Petitioner has a right to choose her gender.
Also Read – A Brief Study on Transgender’s Protection of Rights