Revision of Family Pension

No.1/6/98-P&PW(E) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Pension & Pensioners’ Welfare) Third Floor, Lok Nayak Bhavan, New Delhi

Dated: 05th July, 1999

OFFICE MEMORANDUM Admissibility of family pension to the judicially separated spouse under the CCS (Pension) Rules, 1972.

The undersigned is directed to state that the judicially separated spouse of a government servant has been made eligible for payment of family pension subject to the provisions of Rule 54 (11-A) and the proviso thereunder of the CCS (Pension) Rules, 1972 and such judicially separated government servant who was survived by a child or children the family pension in respect of child of such judicially separated government servant was admissible under Rule 54(11-B) of these rules. This Department has come across a case where after the children cease to be eligible for family pension under Rule 54(11-B), family pension was not being authorised to the judicially separated spouse of the deceased government servant. This matter has since been settled by the High Court of Kerala in their judgement dated 28th April, 1998 in O.P.No.18541 of 1997-S in favour of such judicially separated spouse wherein it has directed for payment of family pension to such spouse after their children had ceased to be eligible for family pension under this rule. In view of this it is clarified that all the Ministries/Departments etc. may, in future, decide the similar cases under the provisions of the Kerala High Court Judgement quoted above i.e. payment of family pension is to be allowed to the judicially separated spouse of the deceased government servant after his/her children cease to be eligible for family pension till his/her death or remarriage whichever is earlier. This issues in consultation with the Ministry of Finance, Department of Expenditure vide their U.O. No. 517/EV/99 dated 3rd June, 1999.

(RATTAN LAL) Deputy Secretary to the Government of India

To All Ministries/Departments of the Government of India.

Department of Personnel and Training
Department of Administrative Reforms & Public Grievances.