ups_01187 — Family Pension to a disabled son, even after his marriage, is to be continued and effectively regulated as per Notification, dated 27-12-2012 and OM, dated 16-1-2013 issued by Department of Pension and Pensioners' Welfare, Government of India. In the OM, dated 16-1-2013, it was decided to allow continuance of family pension to mentally / physically disabled children who drew or are drawing or may draw family pension even after their marriage. This is in continuation and support of Notification,

UPS

Family Pension to a disabled son, even after his marriage, is to be continued and effectively regulated as per Notification, dated 27-12-2012 and OM, dated 16-1-2013 issued by Department of Pension and Pensioners' Welfare, Government of India. In the OM, dated 16-1-2013, it was decided to allow continuance of family pension to mentally / physically disabled children who drew or are drawing or may draw family pension even after their marriage. This is in continuation and support of Notification, dated 27-12-2012 — Applicant files OA to resume family pension as per Rule 54 of CCS (Pension) Rules, 1964, disputing the eligibility of a physically handicapped son for family pension after marriage based on Railway B... — Facts: The father of the Applicant, an employee of the Government of India Press in Santragachi, Howrah retired and was drawing pension till the date of his death on 11-3-1991. Family Pension was received by his wife till her death on 10-11-1999. The Applicant, son of the deceased Government servant received family pension after the death of his mother on his request to the department on the ground of sub-rule 6 of Rule 54 of CCS (Pension) Rules, 1964. He was issued with the PPO No. 42850600458, dated 12-5-2006. He drew arrears of Family Pension from 11-11-1999 to 31-5-2006 and thereafter. The Pay and Accounts Officer, R-3 herein sent a Letter, dated 29-5-2008 to Pay and Accounts Officer, Central Pension Accounting Office, New Delhi stating that lifelong family pension to physically crippled or disabled married sons and daughters are not admissible. Hence the Applicant, a physically disabled and married son of late Gunapati, Ex-PPI of GIP (Sant) is not eligible for family pension. Hence the family pension given to the Applicant was stopped. The Applicant relies on Rule 54 (6) of CCS (Pension) Rules, 1964 to get family pension which grants family pension to disabled persons even after attaining the age of 25 years. But the family pension can be stopped if such a son / daughter earns by employment. The Applicant is a 100% visually handicapped. Even though he sent representation for Family Pension, there was no response from the concerned department. Hence he filed this OA to resume family pension as per Rule 54 of CCS (Pension) Rules, 1964. The Respondents submit that in terms of Railway Board's Letter, dated 10-8-2005, married physically handicapped son of Gunapati, who is the mother of the Applicant is not eligible for family pension after his marriage. It means that physically handicapped daughter / son after marriage is no longer dependent on family pension accrued based on the death of his father. The above is the Railway Board clarification based 􀀢 Our website has up-to-date information on new releases and the latest catalogue of books, forms and registers on the relevant rule of the CCS (Pension) Rules, 1972 and is applicable to all Central Government Offices. No notice need to be served before stopping the Family Pension. The Central Government standing Counsel filed a Memo on 7-3-2013 enclosing a copy of the OM, dated 16-1-2013 to clarify the position. This OM is covering two subjects namely (1) eligibility of disabled children for family pension after marriage and (2) eligibility for two Family Pensions. Item (1) is relevant in this case. It is mentioned in that OM that the Government has decided to allow continuance of family pension to mentally / physically disabled children who drew or are drawing or may draw family pension even after marriage. To implement the same, explanation 1 and 3 after sub-rule 6 of Rule 54 of the Central Civil Services (Pension) Rules have been suitably amended and sub-rule 13-A and 13-B have been omitted. The old and new explanation of OM, dated 16-1-2013 is reproduced to support the financial benefit of family pension to the Applicant herein. In the OM, dated 16-1-2003, it is clarified that the financial benefits will accrue with effect from 24-9-2012. In view of the Notification, dated 27-12-2012 and the OM, dated 16-1-2013, it is quite evident that after marriage also, family pension will continue for both disabled son and daughter. Hence continuance of family pension to the Applicant should continue. In the Notification, dated 8-6-2011, amended portion of Rule 54 (6) pertaining to Family Pension is reproduced by which family pension to married disabled person is permissible. The explanation to state so is reproduced in the judgment. A mention has been made in this OA regarding clarification of G.I., Railway Board's Letter, dated 10-8-2005 prohibiting family pension to a disabled person after marriage.

UPS

Family Pension to a disabled son, even after his marriage, is to be continued and effectively regulated as per Notification, dated 27-12-2012 and OM, dated 16-1-2013 issued by Department of Pension and Pensioners' Welfare, Government of India. In the OM, dated 16-1-2013, it was decided to allow continuance of family pension to mentally / physically disabled children who drew or are drawing or may draw family pension even after their marriage. This is in continuation and support of Notification, dated 27-12-2012 — Applicant files OA to resume family pension as per Rule 54 of CCS (Pension) Rules, 1964, disputing the eligibility of a physically handicapped son for family pension after marriage based on Railway B... — Facts: The father of the Applicant, an employee of the Government of India Press in Santragachi, Howrah retired and was drawing pension till the date of his death on 11-3-1991. Family Pension was received by his wife till her death on 10-11-1999. The Applicant, son of the deceased Government servant received family pension after the death of his mother on his request to the department on the ground of sub-rule 6 of Rule 54 of CCS (Pension) Rules, 1964. He was issued with the PPO No. 42850600458, dated 12-5-2006. He drew arrears of Family Pension from 11-11-1999 to 31-5-2006 and thereafter. The Pay and Accounts Officer, R-3 herein sent a Letter, dated 29-5-2008 to Pay and Accounts Officer, Central Pension Accounting Office, New Delhi stating that lifelong family pension to physically crippled or disabled married sons and daughters are not admissible. Hence the Applicant, a physically disabled and married son of late Gunapati, Ex-PPI of GIP (Sant) is not eligible for family pension. Hence the family pension given to the Applicant was stopped. The Applicant relies on Rule 54 (6) of CCS (Pension) Rules, 1964 to get family pension which grants family pension to disabled persons even after attaining the age of 25 years. But the family pension can be stopped if such a son / daughter earns by employment. The Applicant is a 100% visually handicapped. Even though he sent representation for Family Pension, there was no response from the concerned department. Hence he filed this OA to resume family pension as per Rule 54 of CCS (Pension) Rules, 1964. The Respondents submit that in terms of Railway Board's Letter, dated 10-8-2005, married physically handicapped son of Gunapati, who is the mother of the Applicant is not eligible for family pension after his marriage. It means that physically handicapped daughter / son after marriage is no longer dependent on family pension accrued based on the death of his father. The above is the Railway Board clarification based 􀀢 Our website has up-to-date information on new releases and the latest catalogue of books, forms and registers on the relevant rule of the CCS (Pension) Rules, 1972 and is applicable to all Central Government Offices. No notice need to be served before stopping the Family Pension. The Central Government standing Counsel filed a Memo on 7-3-2013 enclosing a copy of the OM, dated 16-1-2013 to clarify the position. This OM is covering two subjects namely (1) eligibility of disabled children for family pension after marriage and (2) eligibility for two Family Pensions. Item (1) is relevant in this case. It is mentioned in that OM that the Government has decided to allow continuance of family pension to mentally / physically disabled children who drew or are drawing or may draw family pension even after marriage. To implement the same, explanation 1 and 3 after sub-rule 6 of Rule 54 of the Central Civil Services (Pension) Rules have been suitably amended and sub-rule 13-A and 13-B have been omitted. The old and new explanation of OM, dated 16-1-2013 is reproduced to support the financial benefit of family pension to the Applicant herein. In the OM, dated 16-1-2003, it is clarified that the financial benefits will accrue with effect from 24-9-2012. In view of the Notification, dated 27-12-2012 and the OM, dated 16-1-2013, it is quite evident that after marriage also, family pension will continue for both disabled son and daughter. Hence continuance of family pension to the Applicant should continue. In the Notification, dated 8-6-2011, amended portion of Rule 54 (6) pertaining to Family Pension is reproduced by which family pension to married disabled person is permissible. The explanation to state so is reproduced in the judgment. A mention has been made in this OA regarding clarification of G.I., Railway Board's Letter, dated 10-8-2005 prohibiting family pension to a disabled person after marriage.

Original Rule Text

Original Rule Text