The Union government has now amended the Central Civil Services (Pension) Rules of 2021, in order to allow women government servants and pensioners to nominate their children for receiving family pension over their spouse, if at the time of their death, any proceedings for divorce, domestic violence, or dowry demands happen to be pending against the said spouse.
Till now, the rules provided for the family pension to first go to the surviving spouse and the children became eligible to receive it only after the death of the spouse. As a result, several women officials and pensioners were asking if it was possible to nominate children before the spouse in cases where divorce proceedings are underway or domestic violence cases are pending against the spouse.
The government noted that a large number of references had been received from various ministries and departments about whether women officials and pensioners are allowed to do this. The government also held consultations with the Ministry of Women and Child Development, following which it was decided to allow this.
In a statement issued by the Ministry of Personnel, Public Grievances and Pension on Tuesday, the government said, “This amendment is progressive in nature and would empower women employees/pensioners significantly.”
The Ministry of Personnel, Public Grievances and Pension issued an Office Memorandum notifying this amendment on January 1.
The provision in the amended Rules can be applicable to women government servants and pensioners, if at the time of their death, any divorce proceedings they might have filed is still underway. It would also apply if at the time of the death of the woman official or pensioner, there are pending cases against the spouse under laws to prohibit Dowry, domestic violence or the Indian Penal Code.
In such cases, the concerned woman official or pensioner may make a representation in writing to their respective Head of Office, requesting that in the event of their death, if any such proceedings are pending, the family pension should be granted to the eligible children in precedence over the spouse.
In cases where the children are found to be minors at the time of death, the family pension will be granted to the guardian of the child/children (even if the guardian is the spouse at the time). Once the children attain the age of majority, they can be granted the family pension till the time they are eligible.
