IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.WP No. 3066 of 2011. [O&M] Date of Decision: 18th August, 2011. Pankaj Khanna Petitioner through Mr. Sanjiv Gupta, Advocate Versus State of Punjab & Ors. Respondents through Mr. B.S.Chahal, DAG, Punjab. Mr. Atul Kaushhik, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioner has been denied family pension after the death of his father who was in Government service, on the ground that the petitioner's father during his life time did not mention in the nomination form that the petitioner was suffering from 75% intellectual disability and is a physically challenged person. It is not in dispute that the petitioner's father was a Pharmacist in Health and Family Welfare Department and he unfortunately died on 21.02.2010. It is true that the petitioner's eligibility to claim family pension depends upon the extent of the disability suffered by him. However, the non-disclosure of it by the deceased employee to the authority in the application form, is a curable error as it can always be ascertained and verified by asking the petitioner to appear before the Medical Board. The petitioner has made a prima facie case by producing the certificate issued by the Civil Surgeon, Patiala [Annexure P-1] in this regard. The writ petition is accordingly allowed with a direction to the Director, Health Services and Family Welfare, Punjab to instruct the Civil Surgeon, Patiala, where the petitioner is living, to constitute a fresh Medical Board to examine the nature and extent of disability with which the petitioner is suffering and in case it is found that the petitioner is suffering from intellectual disability more than the prescribed limit, the 'family pension' be granted to him from the date of his father's death along with arrears. Let the needful be done within a period of four months from the date a certified copy of this order is received. Disposed of. Dasti. August 18, 2011. ( SURYA KANT ) dinesh JUDGE