Family pension for married daughters
vishal
(Querist) 30 June 2016
This query is : Resolved
Hi All,
Grant of family pension to married daughters is possible if her Husband is
physically disabled with 75% Disability,and she has no earning source of money .
A daughter is seeking her father pension which was exservice man and her mother and father had been died.
So is this possible to get family pension on this case ?
Mother died 10 years back ,father died 2 years back and her husband met with accident 6 years back and physcially disabled now
by Medical board .
I am aware with the rule that widow and divorced daughter can claim for family pensions, but if her husband is 75% disabled then
he is fully on bed and no earning source , so why she cant get family pension ?
So Is there any case /or court decisions on this type of case where a daughter claimed family pension if her husband in physically disabled
and family pension (her father ex army person ,both father and mother died )
Regards
Visu
Rajendra K Goyal
(Expert) 30 June 2016
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
vishal
(Querist) 30 June 2016
What is the alternate option in it
Advocate/CS Sanjeev Kataria
(Expert) 01 July 2016
The family pension is applicable for wife for whole life, son till attaining majority. Disabled children for life. daughter till her marriage, never came across the situation as mentioned by you, Pls give suitable representation to army and wait for their reply.
Kumar Doab
(Expert) 01 July 2016
As already suggested you may prepare a representation in consultation with a very able counsel specializing in such matters and exhaust the internal remedies, first.
You may get in touch with LCI Expert Dr. J.C.Vashista who is from defense background.
P. Venu
(Expert) 01 July 2016
The provisions have been modified after 2006 in that widowed, divorced and unmarried daughters can receive family pension after life time of their parents. However, you are not entitled just because husband is disabled.
Moreover, your parents are no longer alive. As such, there is no scope for getting family pension.
adv.bharat @ PUNE
(Expert) 01 July 2016
Agree with kumar plz consult Dr. J.C. Vashista for further help.
Dr J C Vashista
(Expert) 06 July 2016
I fully agree with expert Mr. Sanjeev Kataria, Advocate, family pension is not granted to married daughter irrespective of any circumstance.
P. Venu
(Expert) 06 July 2016
The position has been clarified vide the instructions reproduced below:
Government of India
Ministry of Defence
Department of Ex-servicemen Welfare
D(Pension/Policy)
Subject: Eligibility of widowed/ divorced daughter for grant of family pension- clarification regarding.
A copy of Department of Pension & Pensioners Welfare OM No. 1/13/09- P&PW(E) dated 28th April 2011 & 11th September 2013 on the above subject are forwarded herewith for your information and necessary action in the matter.
2., MoD (Fin/Pen) has been consulted
(Manoj Sinha)
Under Secretary Pen / Policy)
MoD ID NO- 1(9)/2013/D(Pen/Poi)/ dated 16th September 2015
No. l/l3/09-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
the 11th September, 2013.
OFFICE MEMORANDUM
Sub: Eligibility of widowed/divorced daughters for grant of family pension – clarification regarding.
Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972. For settlement of old cases, it was clarified, vide OM dated 28.04.2011, that the family pension may be granted to eligible widowed/divorced daughters with effect from 30.08.2004, in case the death of the Govt. Servant/pensioner occurred before this date.
2. This Department has been receiving communications from various Ministries/ Departments seeking clarification regarding eligibility of a daughter who became widowed/ divorced after the death of the employee/pensioner.
3. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death or remarriage of their mother/father, i.e.,the pensioner and his/her spouse – Thereafter, the family pension is payable to the disabled children for life and then to the unmarried/widowed/divorced daughters above the age of 25 years.
4. It is clarified that the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family Pension at that time, family pension will be payable-to each child on his/her turn provided he/she is still eligible for family pension when the turn comes. Similarly, family pension to a widowed/divorced daughter is payable provided she fulfills all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn to receive family pension comes.
5. As regards opening of old cases, a daughter if eligible, as explained in the preceding paragraph, may be granted family pension with effect from 30th August, 2004.The position is illustrated through an example. Shri A, a pensioner, died in 1986. He was survived by his wife, Smt. B, a son Shri C and a daughter, Kumari D, the daughter being the younger. Kumari D married in 1990 and got widowed in 1996. Smt. B died in 2001. Thereafter, Shri C was getting family pension, being disabled, and died in 2003. Thereafter, the family pension was stopped as Kumari D was not eligible for it at that time. She applied for family pension on the basis of O.M., dated 30th August, 2004. Since she was a widow and had no independent source of income at the time of death of her mother and on the date her turn came, she may be granted family pension. The family pension will continue only till she remarries or starts earning her livelihood equal to or more than the sum of minimum family pension and dearness relief thereon.
6. This is only a clarification and the entitlement of widowed/divorced daughters would continue to be determined in terms of OM, dated 25/3oth August, 2004, read with OM, dated 28.4.2011.
(D.K. Solanki)
Under Secretary to the Government of India
No.1/l3/09-P&PW(E)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
Lok Nayak Bhavan,
New Delhi, the 28th April, 2011
OFFICE MEMORANDUM
Subject: Extension of scope of Family Pension to Widowed/divorced/unmarried daughter and dependent disabled siblings of Central Government servants/pensioners Clarifications – reg.
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 OM: No.45/86/97- P&PW(A) dt. 27.10.97 and No.1/19/03-P&PW(E) dt. 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 pace after attaining the age of years or before.
2. Further, orders have been issued vide this Department’s OM. No.1/19/03-P&PW(E) dt. 6h 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 the 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(E) 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 fulfilment 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 the 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. 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 06.04.2201
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.
9. Hindi version will follow.
(K.S. Chibb)
Director
Kumar Doab
(Expert) 25 August 2016
In the High Court of Punjab and Haryana, at Chandigarh
Letters Patent Appeal No. 1721 of 2015
Date of Decision: 29.07.2016
Khajani Devi ... Appellant(s) Versus Union of India and Others ... Respondent(s)
CORAM: Hon'ble Mr. Justice Mahesh Grover. Hon'ble Mr. Justice Shekher Dhawan
Single bench judge Punjab and Haryana High Court at Chandigarh had decided that ‘the divorced, unemployed daughter of a freedom fighter would not be entitled to family pension after the death of her parents.
The division bench of Justice Mahesh Grover and Justice Shekher Dhawan has accepted the appeal against the single-judge order.
The high court division bench said that the object of the clause in Swatantrata Sainik Samman Pension Scheme, 1980, was that one member of the family be paid, hence Khajani was eligible.
The bench, observing that pension schemes were intended to honor the valor of the uniformed people who laid down their lives or suffered for the cause of the country. “We would, thus, not place any demeaning interpretation on the scheme to deprive the unsung heroes of the country of benefits meant to ensure a life of dignity to their dependents,” the bench said, adding there was no rationale in including unmarried daughters but excluding divorced daughters.
The recent decision can pave the way in general for laying down in all cases that;"there is no rationale in including unmarried daughters but excluding divorced daughters."
The valuable opinion of learned experts is sought.
P. Venu
(Expert) 26 August 2016
As a policy decision, The Government of India has extended the benefit of family pension to unmarried, divorced and divorced daughters.Earlier, only unmarried daughters below the age of 25 and those suffering from disabilities were entitled.
Theoretically, this is a laudable welfare measure. But its implementation is fraught with practical problems and it is my personal experience that the Government's magnanimity is liable to misused for the benefit of undeserving persons.
Kumar Doab
(Expert) 26 August 2016
Venu Sir,
You are right.
It does happen.
Dr J C Vashista
(Expert) 27 August 2016
I fully agree with the practical opinion of expert Mr. P Venu.
Some interested persons make such policy, which become defunct subsequently and not available to deserving case(s).
Kumar Doab
(Expert) 20 July 2018
Also go thru;
No.1/13/09-P&PW (E) Government of India Ministry of Personnel, P.G. & Pensions Department of Pension & Pensioners' Welfare 3rdFloor, Lok Nayak Bhawan, Khan Market, New Delhi, the 11thSeptember, 2013. OFFICE MEMORANDUM
Eligibility of widowed/divorced daughters for grant of family pension - clarification regarding.
4. It is clarified that the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on hislher parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or hislher spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on hislher turn provided he/she is still eligible for family pension when the turn comes. Similarly, family pension to a widowed/divorced daughter is payable provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn to receive family pension comes. 5. As regards opening of old cases, a daughter if eligible, as explained in the preceding paragraph, may be granted family pension with effect from 30th August, 2004. The position is illustrated through an example. Shri A, a pensioner, died in 1986. He was survived by his wife, Smt. B, a son Shri C and a daughter, Kumari D, the daughter being the younger. Kumari D married in 1990 and got widowed in 1996. Smt. B died in 2001. Thereafter, Shri C was getting family pension, being disabled, and died in 2003. Thereafter, the family pension was stopped as Kumari D was not eligible for it at that time. She applied for family pension on the basis of O.M., dated 30th August, 2004. Since she was a widow and had no independent source of income
at the time of death of her mother and on the date her turn came, she may be granted family pension. The family pension will continue only till she remarries or starts earning her livelihood equal to or more than the sum of minimum family pension and dearness relief thereon.
http://www.aibsnloa.org/related/familypensiondaughters.pdf
Same is expressed in;
http://pcdapension.nic.in/pcdapension/6cpc/Circular-123.pdf
Also;
No. 1/19/03-P&PW (E) Government of India Ministry of Personnel, P.G. & Pension Department of Pension & Pensioners’ Welfare ********* Lok Nayak Bhawan, Khan Market, New Delhi Dated: 6th September 2007 OFFICE MEMORANDUM Subject: Extension of scope of family Pension to unmarried daughters of Central Government servants/ pensioners.
2. The Staff Side of National Council (JCM) had raised the issue of extension of scope of family pension to unmarried daughters of the Government servants/ Pensioners even after attaining the age of 25 years at par with the widowed/ divorced daughters, which has been agreed to in principle. It has, accordingly, been decided that the unmarried daughters beyond 25 years of age shall also be eligible for family pension at par with the widowed/ divorced daughters subject to other conditions being fulfilled.
http://cdapdmeerut.nic.in/pdf/FP2Daughters.pdf
