ELIGIBILITY OF UNMARRIED / WIDOWED / DIVORCED DAUGHTERS FOR GRANT OF
FAMILY PENSION
In
accordance with clauses (ii) and (iii) of sub-rule (6) of Rule 54 of the C.C.S.
(Pension) Rules, 1972 read with clause (b) of Para 7.2 of this Department’s
O.M. No.45/86/97-P&PW (A)-Part I dated the 27th October 1997, son/daughter
including widowed/divorced daughter shall be eligible for grant of family
pension till he/she attains the age of 25 years or up to the date of his/her
marriage/remarriage, whichever is earlier (subject to income criterion to be
notified separately). In this connection Govt Letter dated 30 Aug 2004 referes which is reproduced towards the end of this post..
The above provisions were modified with effect from 06 Sep
2007, wherein the unmarried daughters above 25 years of age are also
eligible for pension at par with widowed/divorced daughters subject to other
conditions being fulfilled and in case there is no disabled child to receive the family
pension.
(Auth: GOI, MoD letter 1(3)/2007-D (Pen Policy) dated 25
Oct 2007 as contained in to PCDA(P)
Circular Number 492 dated 24 Jan 2013 , which may be down loaded from their web site http://pcdapension.nic.in/pcdapension/6cpc/Circular-492.pdf)
We are including here GoI letters with regard to the
entitlement of Family Pension for Unmarried Widowed or Divorced daughters for
reference in context of the cases to be taken up for the sanction. You may also download these letters in PDF format for your record, PLEASE CLICK HERE TO DOWNLOAD.
As regards the eligibility of Divorced Daughters to receive Family Pension is concerned its been recently eased to some extent by the Govt. vide their letter dated 19 July 2017.
This Govt
letters in this relation are placed
below which are self explanatory.
G. No. 1/13/09-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,
19th July, 2017.
OFFICE MEMORANDUM
Sub:
Eligibility of 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.
2. As
indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the tum of unmarried
children below 25 years of age comes after the death or remarriage of thei
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.
3. It was
clarified, vide this department Office Memorandum of even number, dated 11th
September, 2013, 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 tum provided he/she is still eligible for
family pension when the tum comes.
4. It was
clarified that a daughter if eligible, as explained in the preceding paragraph,
may be granted family pension provided she fulfils all eligibility conditions
at the time of death/ineligibility of her parents and still on the date her tum
to receive family pension comes. Accordingly, divorced daughters who fulfil
other conditions are eligible for family pension if a decree of divorce had
been issued by the competent court during the life time of at least one of the
parents.
5. This
department has been receiving grievances from various quarters that the divorce
proceedings are a long drawn procedure which take many years before attaining
finality. There are many cases in which the divorce proceedings of a daughter
of a Government employee/pensioner had been instituted in the competent court
during the life time of one or both of them but none of them was alive by the
time the decree of divorce was granted by the competent authority.
6. The
matter has been examined in this department in consultation with Department of
Expenditure and it has been decided to grant family pension to a divorced
daughter in such cases where the divorce proceedings had been filed in a
competent court during the life of employee/pensioner or his/her spouse but
divorce took place after their death - provided
the claimant fulfills all other conditions for grant of family pension
under rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family
pension will commence from the date of divorce.
7. This
issues with the concurrence of Ministry of Finance, Department of Expenditure,
vide their ID No. l(l 1)/EV/2017, dated i11 July, 2017. ~ - /.
(D.K. Solanki)
Under Secretary to the Government
of India
Tel. No. 24644632
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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 -Thereafier, 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 deamess 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 30‘h 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
deamess 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
I 1. All Ministries/Departments of the Government of India
2. O/0 The Comptroller & Auditor General of India
3. O/0 The Controller General of Accounts, Lok Nayak Bhavan, New Delhi.
4. Pensioners’ Associations as per list maintained in the Department
A 5. All Officers/Desks
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No.1/l3/09-P&PW(E)
Government oflndia
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 I
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.
6‘h 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 arid-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 fer 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
hagth retired. Besides, in cases where a Government servant/Pensioner had
expire 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 is 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.
(K.S. Chibb)
Director
No.1/19/03-P&PW (E)
Government of India
Ministry of Personnel,
Public Grievances and Pensions
Department of Pension and Pensioners
Welfare
Lok Nayak Bhavan (3rd Floor) Khan
Market, New Delhi 110 003
Dated: 30th August, 2004
OFFICE MEMORANDUM
Subject: Eligibility of divorced/widowed daughter for
grant of family pension.…
1.
The undersigned is directed to say that as per clauses (ii) and (iii) of
sub-rule (6) of Rule 54 of the C.C.S. (Pension) Rules, 1972 read with clause
(b) of Para 7.2 of this Department’s O.M. No.45/86/97-P&PW (A)-Part I dated
the 27th October 1997, son/daughter including widowed/divorced daughter shall
be eligible for grant of family pension till he/she attains the age of 25 years
or up to the date of his/her marriage/remarriage, whichever is earlier (subject
to income criterion to be notified separately). The income criterion has been
laid down in this Department’s O.M. No.45/51/97-P&PW (E) dated the 5th
March 1998 according to which, to be eligible for family pension, a
son/daughter (including widowed/divorced daughter) shall not have an income
exceeding Rs.2550 per month from employment in Government, the private sector,
self employment etc. Further orders were issued vide this Department’s O.M.
No.45/51/97-P&PW (E)(Vol.II) dated 25th July 2001 regarding eligibility of
disabled divorced/widowed daughter for family pension for life subject to conditions
specified therein.
2. Government has received
representations for removing the condition of age limit in favour of
divorced/widowed daughter so that they become eligible for family pension even
after attaining the age limit of 25 years. The matter has been under
consideration in this Department for sometime. In
consultation
with the Ministry of Finance, Department of Expenditure and the Ministry of Law
and Justice, Department of Legal Affairs etc., it has now been decided that
there will be no age restriction in the case of the divorced/widowed daughter
who shall be eligible for family pension even after their attaining 25 years of
age subject to all other conditions
prescribed in the case of son/daughter. Such daughter, including disabled
divorced/widowed daughter shall, however, not be required to come back to her
parental home as stipulated in para 2(ii) of this Department’s O.M. dated 25th
July 2001, which may be deemed to have been modified to that extent.
3. This issues with the concurrence of
the Ministry of Finance, Department of
Expenditure vide I.D.No.98/E.V/2004 dated 13.02.2004.
4. These orders, in so far as they apply
to the employees of the Indian Audit and Accounts Department, are issued in
consultation with the Comptroller and Auditor General of India vide U.O. No.67
Audit (Rules)/37-99 dated 20.5.2004.
Sd/-
(M.P. Singh)
Director
To
All
Ministries/ Departments of the Government of India
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Rules relaxed for divorced daughters to receive Family Pension: Dr. Jitendra Singh
Posted On: 26 SEP 2020 6:24PM by PIB Delhi
Rules have been relaxed for divorced daughters to receive Family Pension and now a daughter will be entitled to receive the Family Pension even if the divorce had not finally taken place but the divorce petition had been filed by her during the lifetime of her deceased parent employee/pensioner.
Disclosing this while briefing the media about some of the important reforms brought in by the Department of Pension and Pensioners’ Welfare, Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said that the earlier Rule provided for payment of Family Pension to a divorced daughter only if the divorce had taken place during the lifetime of deceased parent pensioner or his spouse. The new circular will not only bring ease in the life of pension receiving individuals but also ensure respectable and equitable rights for the divorced daughters in the society.
Orders have also been issued for grant of Family Pension to a Divyang child or sibling even if the Disability Certificate is produced after the death of the pensioner parent but the disability had occurred before the death of the parents. Similarly, to bring ease of living for the Divyang pensioners, Dr Jitendra Singh said, the Attendant Allowance for the helper has been increased from Rs. 4,500 per month to Rs..6,700 per month.
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