The Central Administrative Tribunal (CAT), Madras Bench, has rejected the plea of a minor boy to grant family pension to him as he was born as a result of rape committed on his mother by an employee of a public sector unit.
The Bench comprising its members G.Shanthappa and O.P.Sosamma said, “Family pension has to be sanctioned under the Central Civil Services (CCS) (Pension) Rules. The applicant admitted that there is no specific rule in the said rules in respect of children born to a victim in a rape case.
“The mother of the applicant cannot be considered his wife, there is no void or voidable marriage between the woman and the employee. The family pension is applicable only for children from voidable marriage.”
The minor boy filed the petition before CAT Bench through his mother.
The boy sought a direction to the general manager of Heavy Vehicles Factory, Avadi to apportion the service benefits of the deceased employee, S.Balakrishnan, to him.
He claimed that he was the biological son of Balakrishnan, who worked as a fitter in HVF, and raped a woman while his legally wedded wife was alive. As he was born of that union, he was the son of the deceased person. This had been investigated and a DNA test by the Forensic Science Department proved that he was the biological son of Balakrishnan. The employee died in October 2012.
Declining to entertain the plea of boy, the Bench said, “DNA test reports cannot be considered by this tribunal to establish the legal heir relationship of the applicant with the deceased employee. The applicant has to approach the Civil Court for a declaration that he is the natural or biological son or legal representative of the deceased.”
Boy claims he is biological son of worker who raped his mother