Family Pension: Should Govt Employees List All Family Members In Service Book? Check Delhi HC Ruling

The Central Civil Service (CCS) Pension Rules, 2021 extends a provision of ‘Family Pension’ under which a family member can get pension benefits. However, one may wonder, under what conditions are family members eligible to claim a pension? The Delhi High Court recently ruled in a judgment that government employees are not obligated to list all family members in their service book to ensure eligibility for family pension benefits. The court has clarified that family members can still apply for and receive pensions if they can meet the eligibility criteria, irrespective of whether their names are explicitly mentioned in the service book.

Pension Rights Defined By Rules, Not Service Book Entries

A pension is part of the salary, which becomes due to a government employee on their retirement. However, in their absence, the family members or any nominated beneficiary gets the pension as per the rules.

The case that rekindled the family pension debate revolves around a retired government employee, who worked as a music teacher with the Department of Education, Delhi, and her estranged husband.

The husband alleged that his wife concealed her marital status in her service record, thereby depriving him of his rights to the family pension. However, the Single Bench of Justice Neena Bansal Krishna rejected his claims, highlighting that family pension eligibility arises only upon the death of the government employee and not before.

The court observed:

"The right to claim family pension accrues only on the demise of the retired government employee. During their lifetime, they alone are entitled to their pension."

Rule 50 of the CCS Pension Rules, 2021 makes a provision for Family Pension which provides that when a Government servant dies, then from the date of his death, the family of the deceased shall be entitled to a Family Pension.

In this case, the petitioner, the retired music teacher, clarified that she had updated her marital status in her service record upon receiving complaints from her husband. She contended that her husband’s suit, demanding the immediate processing of his family pension rights, was premature and aimed at harassment.

Consequently, the High Court overturned the earlier civil court’s dismissal of the petitioner’s application under Order VII Rule 11 of the Civil Procedure Code (CPC), which sought rejection of her husband’s suit.

What Are The Key Takeaways For You?

- Family pension is determined by eligibility criteria under the CCS Pension Rules, not by the names listed in a government employee’s service book.

- Family pension claims can only be made after the government employee’s death, not during their lifetime.

- Moreover, the declaration of family members in the service book is not a prerequisite for claiming the pension.

The High Court ruling underscores that administrative formalities, such as service book declarations, cannot override a pensioner’s legal entitlements when it comes to their pension benefits.