Government Pension Rules: The change in this rule in family pension will provide relief to those women who are fighting legal battles regarding dowry or divorce related matters.
Government Pension Schemes: Modi government at the Center has given big relief to women central employees. Female government employees can now nominate their children for family pension. Under the old rule, any female government employee could nominate only her husband. After the death of a government employee, the first person to receive family pension was the spouse. After that it was the children’s turn to get family pension.
The Ministry of Personnel, Public Grievances and Pensions said that as per the existing provisions of Rule 50 (8) and Sub-Rule (9) of the CCS (Pension) Rules, 2021, if the spouse of a deceased Government servant or pensioner is in the family. If so, then family pension is given to the husband or wife first. Only after the spouse of the deceased government employee or pensioner is ineligible for family pension or after his death, the children and other members of the family are entitled for family pension.
The Department of Pension and Pensioners’ Welfare received a large number of references from Ministries/Departments seeking advice whether due to marital discord or in the event of a divorce petition being filed in the Court or under the Protection of Women from Domestic Violence Act, dowry. In the event of a case being registered under the Prohibition Act or the Indian Penal Code, can a Government servant woman pensioner be allowed to nominate her child or children for family pension in place of her husband or husband?
After this question was raised, after inter-ministerial consultation, it was decided that if the divorce proceedings of a government female employee or a female pensioner are pending in the court, or the government female employee or a female pensioner has suffered domestic violence against her husband. A case has been registered under the Women’s Protection Act or Dowry Prohibition Act or the Indian Penal Code. So such a government female employee or pensioner can request to give preference to her husband for giving family pension to her eligible child or children after her death.
In such cases, the government has made rules to give preference to children in giving family pension. In case the divorce case of a Government employee-pensioner is pending in the court or the Government employee-pensioner has filed a case against her husband for domestic violence or under Dowry Act or IPC, then such women can make a request to the Head of Office That in the event of his death during the pendency of the proceedings, his children should be given preference in grant of family pension before his spouse.
If the female employee or pensioner who made this request dies, then in granting family pension, it will be seen that the deceased Government Female Employee – Pensioner has a widower in the family and the Government Female Employee – Pensioner has no children in the family on the date of death. Where the widower is not eligible for pension, family pension will be given. If the child is minor or disabled then the pension will be given to the guardian. Family pension will be given to the child only after attaining adulthood. If the child is not eligible to receive family pension, he will continue to receive the pension till the death of the widower or re-marriage. The government says that the implementation of this rule will help in the empowerment of women government employees and pensioners.
