family pension

prerana chandrakant janvekar (Querist) 17 May 2011 This query is : Resolved
As per the Maharashtra Civil service pension rule 116 in the definition of family parents are not included. Therefore representation sent to the Dept for pension by the dependent parents of the deceased unmarried daughter was rejected stating that as per "Rule 116" Parents are not included in the definition of family. As per Central civil services pension rule in the definition of family parents are included by amendment in 1985 or 1986 exact year cannot recollect. How can we further proceed to claim family pension if in the rule itself parents are not included? what are the remedy available. In which court we can file case and under what prayer? Please guide me.

Thanks & Regards

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Guest (Expert) 18 May 2011
Dear Prerna,

Parents are not included in the definition of family for the purpose of Family Pension either in any of the Pension Rules of the State or Central Government. However, parents are eligible for claiming Death gratuity of the deceased, provided she had had made any nomination to that effect. Otherwise succession certificate will have to be produced for claiming Death Cum Retirement Gratuity, if permissible.

No such amendment to the CCS (Pension) Rules 1972 has so far been made by the Central Government to include parents in the definition of family for the purpose of Family Pension.

prerana chandrakant janvekar (Querist) 19 May 2011

Dear Sir,

Thanks for reply.As per the Maharashtra Civil service Pension rule 1982 Parents are not included in the dentition of family for the purpose of family pension is true.
However in the Central civil service pension rule (Rule 54) parents are entitled for the family pension.
some state also amended the definition of family and parents are included.
There are some judgments which i hv on this subject.
But I donot understand how should i proceed further.

thanks & regards,

prerana chandrakant janvekar (Querist) 19 May 2011

Dear Sir/madam,

When we sent representation to the dept then we got reply that parents are not included in the definition of family. That time it was shocking to know that parents are not included in the definition of family so they are not entitled for family pension.
If the person is unmarried so in that case the parents are only his family & if parents are dependent upon the income of the unmarried daughter/son after his/her death how can they survive. If in case parents have only one child and no other child to look after them then after the death of only son/daughter how can they survive.
If any Govt employee worked in the govt sincerely, honestly for more than 7-8 years& if the employee suddenly expired leaving behind him dependent parents why they are not entitled for family pension as the other employee's wife/husband or son are entitled for family pension if employee expired.

Central govt made amendment in the rule but State of Maharashtra still not amended the rule and parents are not included in the definition family.
I want to file case for family pension. I required opinion from the experts team how should I give justice the parents.

Thanks & Regards,

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