No.1/1(1)/2023 -P&PW (E)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Pension and Pensioners’ Welfare

Lok Nayak Bhawan, Khan Market,
New Delhi, Dated the 1st January, 2024

Office Memorandum

Subject: Amendment to CCS (Pension) Rules, 2021 – Allowing female Government servants/female Pensioner to nominate her child/children for family pension in precedence to her husband in the event of marital discord leading to filing of divorce proceedings in a Court of Law or filing of a case under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or Indian Penal Code- reg.

The undersigned is directed to state that, as per the provisions of sub-rule (8) and sub-rule (9) of Rule 50 of CCS (Pension) Rules, 2021, if a deceased Government servant or pensioner is survived by a spouse, family pension is first granted to the spouse and the children and other family members become eligible for family pension, on their turn, only after the spouse of the deceased Government servant/pensioner becomes ineligible for family pension or dies.

2. This Department has been receiving a large number of references from Ministries/ Departments, seeking advice as to whether a female Government servant/female Pensioner can be allowed to nominate her eligible child/children for family pension in place of her spouse in the event of marital discord leading to filing of divorce proceedings in a Court of Law or filing of a case under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code.

3. The matter has been examined in consultation with Ministry of Women and Child Development. Accordingly, it has been decided that in case divorce proceedings in respect of a female Government servant/female pensioner are pending in a Court of Law, or the female Government servant/female pensioner has filed a case against her husband under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code, such female Government servant/Female Pensioner may make a request for grant of family pension after her death to her eligible child/children, in precedence to her husband and such request may be considered in the following manner:

(a) Where, in respect of a female Government servant/female pensioner, divorce proceedings are pending in a competent Court of Law, or the female Government servant/female pensioner has filed a case against her husband under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code, the said female Government servant/female pensioner, may make a request in writing to the concerned Head of Office to the effect that, in the event of her death during the pendency of any of the aforesaid proceedings, family pension may be granted to her eligible child/children in precedence to her spouse;

(b) In the event of the death of the female Government servant/female pensioner, who had made a request under clause (a), during the pendency of any of the aforesaid proceedings, the family pension shall be disbursed in the following manner, namely:

(i) Where the deceased female Government servant/female pensioner is survived by a widower and no child/ children is eligible for family pension on the date of death of the female Government servant/female pensioner, family pension shall be payable to the widower.

(ii) Where the deceased female Government servant/female pensioner is survived by a widower with a minor child/children or a child/children suffering from disorder or disability of mind including the mentally retarded, the family pension in respect of the deceased shall be payable to the widower, provided he is the guardian of such child/children and if the widower ceases to be the guardian of such child/children, such family pension shall be payable to the child through the person who is the actual guardian of such child/children. Where the minor child, after attaining the age of majority, remains eligible for family pension, the family pension shall become payable to such child from the date on which he/she attains the age of majority.

(iii) Where the deceased female Government servant/female pensioner is survived by a widower with a child/children who has/have attained the age of majority but is or are eligible for family pension, the family pension shall be payable to such child/children.

(iv) After the child/ children referred to in clause (ii) and (iii) above cease to be eligible for family pension under Rule 50 of the CCS (Pension) Rules, 2021, family pension shall become payable to other child/children, if any, eligible for family pension.

(v) After all the children cease to be eligible for family pension under Rule 50 of the CCS (Pension) Rules, 2021, family pension shall become payable to the widower till his death or remarriage, whichever is earlier.

4. All Ministries/ Departments are requested to bring the contents of this order to the notice of Controller of Accounts/ Pay and Accounts Officers and Attached, Subordinate Offices and Autonomous bodies under them.

5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution of India.

6. Formal amendment to Rule 50 of the CCS (Pension) Rules, 2021 will be notified separately.

7. Hindi version will follow.

(Ravinder Kumar)
Director

The post Female Government servants or female Pensioner to nominate her child/children for family pension in precedence to her husband in the event of marital discord leading to filing of divorce proceedings in a Court of Law or filing of a case under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or Indian Penal Code appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Amendment in the CCS Leave Rules 1972 consequent upon the implementation of the recommendations of 7th CPC

No. 11020/01/2017-Estt. (L)
Government of India
Ministry of Personnel PG & Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi
Date: 30.8.2019

OFFICE MEMORANDUM

Sub: Amendment in the CCS (Leave) Rules, 1972 consequent upon the implementation of the recommendations of 7th CPC.

The undersigned is directed to say that the Government has accepted the recommendations of the 7th CPC and implemented the same vide Notification dated 11.12.2018. This Notification has been uploaded in the Department’s website also at the address. However, despite issue of the notification in this regard, some employees have been seeking formal and informal clarifications with regard to the amendments carried through the above Notification. Keeping this in view, following clarifications specifying the amendments carried out in the CCS (Leave) Rules, 1972 vide the above said Notification are issued:

Also check: TYPES OF LEAVE ADMISSIBLE: Leave Rules – CCS (Leave) Rules, 1972

I. The amendments made in the CCS (Leave) Rules, 1972 vide Notification dated 11.12.2018, have come into force w.e.f. 14.12.2018 when the Notification was published in the official gazette.

II. Government servants serving in a Vacation Department have been allowed Earned Leave in place of Half Pay Leave by amending Rule 28 and Rule 29.

III. With the amendment of Rule 43-C relating to Child Care Leave (CCL), following changes have been made:-

(a) CCL may be granted at 100% of the leave salary for the first 365 days and 80% of the leave salary for the next 365 days.
(b) CCL may be extended to single male parents who may include unmarried or widower or divorcee employees.
(c) For single female Government servants, the CCL may be granted for six spells in a calendar year. However, for other eligible Government servants, it will continue to be granted for a maximum of 3 spells in a calendar year.

IV. “Special Disability Leave for injury intentionally inflicted” under Rule 44 has been substituted by a new Leave named “Work Related Illness and Injury Leave (WRIIL)” which may be granted to a Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position. With the introduction of WRIIL, “Special Disability Leave for accidental injury” (under Rule 45) and Hospital Leave (under Rule 46) have been deleted. WRIIL has foil owing provisions:-

Also check: Child Care Leave – DoPT

(a) Full pay and allowances will be granted to all. employees during the entire period of hospitalization on account of WRIIL.

(b) Beyond hospitalization, WRIIL will be governed as follows:

(i) Government servants (other than military officers) will be paid full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that period. The Half Pay period may be commuted to full pay with corresponding number of days of HPL debited from the employee’s leave account.

(ii) For officers of the Central Armed Police Forces (GAFF), full pay and allowances will be paid for the 6 months immediately following hospitalization, and full pay only for the next 24 months.

(iii) Personnel below the rank of officers of GAFF will be paid full pay and allowances, with no limit regarding the period of leave.

(iv) In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable imder WRIIL shall be reduced by the amount of compensation payable under the Act.

(v) No EL or HPL will be credited during the period that employee is on WRIIL.

(Rajendra Prasad Tewari)
Under Secretary to the Government of India
Tele. No. 26164316

To,
All Ministries/ Departments of the Central Government

Source: DoPT

The post Amendment in the CCS Leave Rules 1972 consequent upon the implementation of the recommendations of 7th CPC appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.