Extension of scope of Family Pension to widowed/divorced/unmarried daughter and dependent disabled siblings of Central Government servants/pensioners

1. A copy of Department of Pension and Pensioners’ Welfare (DOP&PW)’S O.M.No. 1/13/09-P&PW(E) dated 28th April, 2011 on the above subject is enclosed for information and compliance. As advised by DOP&PW in para 6 of the enclosed O.M., the family pension claims of widowed/divorced/unmarried daughters and dependent disabled siblings may be settled on priority.

2. A concordance of DOP&PW’s instructions referred to in the enclosed O.M. and Railway Board’s corresponding instructions is given below.

No. 1/13/09-P&PW(E)

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
Lok Nayak Bhwvan,
New Delhi, the 28th April, 2011

OFFICE MEMORANDUM

Sub:- Extension of scope of Family Pension to widowed/divorced unmarried daughter and dependent disabled siblings of Central Government servants/pensioners-clarification reg.
1. The undersigned is directed to state that as per the existing provisions of CCS (Pension) Rules, 1972 as amended from time to time, the son/daughter of a Government servant/Pensioner is eligible for family pension upto the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. Further, a disabled son/daughter of a Government servant/Pensioner suffering from any disorder or disability of mind, including mentally retarded, or who is physically crippled or disabled, is eligible for family pension for life subject to the fulfillment of certain conditions, Subsequently, orders were issued vide this Department’s O.M. No. 45/86/97-P&PW(A) dt. 27.10.97 and No. 1/19/03-P&PW(E) dated 30.8.2004 making divorced/widowed daughters eligible for family pension even after attaining the age limit of 25 years subject to the fulfillment of certain conditions. It was subsequently clarified vide this Department’s O.M. No. 1/19/03-P&PW(E) dt. 11.10.2006 that family pension to widowed/divorced daughters is admissible irrespective of the fact that the divorce/widowhood takes place after attaining the age of 25 years or before.

2. Further, orders have been issued vide this Department’s O.M. No. 1/19/03-P&PW(E) dt. 6th September, 2007, whereby an unmarried daughter of a Government servant/Pensioner beyond 25 years of age, has been made eligible for family pension at par with widowed/divorced daughter subject to fulfillment of certain conditions. However, family pension to the widowed/divorced/unmarried daughters shall be payable in order of their date of birth and the younger of them shall not be eligible for family pension unless the next above has become ineligible for grant of family pension. Further, the family pension to widowed/divorced/unmarried daughters above the age of 25 years, shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension and that there is no disabled child to receive the family pension.

3. Subsequently, orders have been issued vide this Department’s O.M. No. 1/15/2008-P&PW(B) dt. 17.8.2009 whereby dependent disabled siblings of a Government servant/pensioner have been made eligible for family pension for life subject to the fulfillment of certain conditions.

4. Representations have been received in this Department from various quarters (i.e. Pensioners’ Associations etc. ) to the effect that the claims for family pension of widowed/divorced/unmarried daughters and dependent disabled siblings are not being entertained by certain Ministries/Departments on the plea that their names do not appear in the details of family members submitted by the Government servant/Pension to the Head of Office from where he/she had retired. Besides, in cases where a Government servant/pensioner had expired prior to the issue of above referred orders by this Department, the claims of widowed/divorced/unmarried daughters, etc. for family pension are not being entertained by Ministries/Departments on the plea that they were not eligible for family pension at the time of retirement/death of the Government servant or death of the Pensioner. This Department has been requested for issue of appropriate clarificatory orders in the matter so as to settle the family pension claims of the aggrieved widowed/divorced/unmarried daughters etc., of the Government servants/Pensioners.

5. The matter has been considered in this Department in consultation with Department of Expenditure, Ministry of Finance. It is hereby clarified that subject to fulfillment of other conditions laid down therein, the widowed/divorced/unmarried daughter of a Government servant/Pensioner will be eligible for family pension with effect from the date of issue of respective orders irrespective of the date of death of the Government servant/Pensioner. Consequently, financial benefits in such cases will accrue from the date of issue of respective orders. The cases of dependent disabled siblings of the Government servants/Pensioners would also be covered on the above lines.

6. All Ministries/Departments are requested kindly to settle the family pension claims of
widowed/divorced/unmarried daughters and dependent disabled siblings accordingly on priority. They are also requested to bring these orders to the notice of their attached/subordinate organizations for compliance.

7. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 97/EV/2011 dated 06.04.2011.

8. In so far as their applicability to the personnel of Indian Audit and Accounts Department is concerned, these orders are being issued in consultation with the C&AG of India vide their U.O. No. 65-Audit (Rules)/14-2010 dt. 26.4.2011