Facts:
The Petitioner’s father was employed with the Rural Development Department,
Government of Odisha, and after this death, the pension benefits were disbursed to
his wife. After her death, the Petitioner being the unmarried daughter, had claimed the
pension benefits under Rule 56 of the Odisha Civil Services (Pension) Rules 1992.
The petitioner’s request was granted at the Department level; however, the Principal
Accountant General (A&E) did not take the necessary steps to release the pension
funds on the grounds that the Petitioner did not meet the criteria for being an unmarried
daughter to whom the funds could be disbursed. The petitioner had accordingly
approached the High Court.
Court Decision and Reasoning:
The High Court of Orissa acknowledged the Petitioner’s right to receive the family
pension as an unmarried daughter under Rule 56(5)(d) of the Odisha Civil Services
(Pension) Rules, 1992. The Court referenced the NALSA judgment upholding the
rights of transgender individuals to self-identify their gender and mandates legal
recognition and protection of these rights by the state and central governments. The
Court noted that the discriminatory treatment of the petitioner violated Articles 14 and
21 of the constitution and ordered the Principal Accountant General to process and
disburse the family pension to the petitioner within six weeks.
Significance:
This is a significant ruling as it recognised the right of transgender persons to avail the
benefits of pension schemes, and the court held that no discrimination could be made
against a transwoman who would also be considered a ‘daughter’ as a beneficiary for
this purpose.