CCS (Pension) Rules 1972- Child Adopted By Widow Of Govt Servant After His Death Not Entitled To Receive Family Pension: SC
|The Supreme Court has held that a child adopted by a widow of a government servant, after the death of the government servant would not be included under the definition of ‘family’ under Rule 54 (14) (b) of the Central Civil Services (Pension) Rules, 1972, and thus will not be entitled to receive family pension.
“…a son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, could not be included within the definition of ‘family’ under Rule 54(14)(b) of the CCS (Pension) Rules.”, the bench of Justice K.M. Joseph and Justice B.V. Nagarathna observed.
In this case, the Court was dealing with the issue- Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be included within the scope of the definition of ‘family’ under Rule 54 (14) (b) of the CCS (Pension) Rules, and would therefore be entitled to receive family pension payable under the said Rules.
Advocate K. Sarada Devi appeared on behalf of the Appellant whereas Additional Solicitor General Madhvi Goradia Divan appeared on behalf of the Union of India.
The Court noted that the rights and entitlements of an adopted son of a Hindu widow, as available in Hindu Law, as against his adoptive family, cannot axiomatically be held to be available to such adopted son, as against the government, in a case specifically governed by extant pension rules.
The Court observed that in Rule 54(14)(b) of the CCS (Pension) Rules, the phrase “in relation to a government servant” would indicate that the categories of persons listed thereunder are sought to be brought into association with the deceased government servant.
The Court added that the context requires that association or connection of such persons with the deceased government servant must be direct and not remote.
The Court observed that the said Rule requires that the family member must have a close nexus with the deceased government servant, and must have been dependent on him during his lifetime.
“…persons who were not dependant on the government servant prior to his death cannot be held to be included in the definition of ‘family’ under Rule 54(14)(b) of the CCS (Pension) Rules.”, the Court asserted.
The Court observed that “…the definition of the word “family” in relation to a government servant means various categories of persons coming within the nomenclature of the word “family” and all persons who would have had a familial relationship with the government servant during his lifetime. Any other interpretation would lead to abuse of the provision in the matter of grant of family pension.
Thus the Court dismissed the appeal.
Cause Title- Shri Ram Shridhar Chimurkar v. Union of India & Anr.
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