As per Ministry of Defence (MoD) letter of September 2015, presently only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.

The Government has been receiving grievances from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of a Government employee/pensioner had been instituted in the competent court during the life time of one or both but none was alive by the time the decree of divorce was granted by the competent authority.

The matter has been examined and it has been decided vide Ministry of Defence letter dated 17 November 2017 to grant family pension to a divorced daughter of Armed Forces personnel in such cases where the divorce proceedings has been filed in a competent court during the life time of the employee/pensioner or his/her spouse but divorce took place after their death – provided that the claimant fulfils all other conditions for grant of family pension. In such cases, the family pension will commence from the date of divorce.

PIB

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Department of Ex-Servicemen welfare has extended  the time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

To

The Chief of the Army Staff
The Chief of the Air Staff
The Chief of the Naval Staff

Subject: Prescription of time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

It has been observed that Service Hqrs are processing the appeal case files-(First Appeal/ 2nd Appeal) for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/War injury pension/ element etc after elapse of considerable time from the date of rejection of claim/ date of discharge or invalidment of the personnel from Service.

2. The matter has been under consideration of this Ministry for quite some time and President of India is pleased to decide that, a time limit of five years is prescribed for filing an appeal for consideration of the case for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension, disability/war injury pension/ element etc from the date of discharge/ invalidment from service or from the date of rejection of claim. The time limit of five years prescribed in this order is applicable in the case of belated appeal only and the period of six months prescribed in the Pension Regulation and Entitlement Rules etc for filling appeals in respect of disability/ war injury element, special Family Pension etc would continue to be governed under the existing provisions.

3. The time limit of five years prescribed now will not be applicable in the case of delayed manifestation of disease and all such cases would continue to be governed under the existing previsions provided under regulation 86 of Pension Regulation for Army Part. I [2008].

4. Para 1(a)(vi) of Ministry of Defence Order No.4684/DIR(PEN)/2001 dated 14th August 2001 and Para 2(c) of Ministry of Defence letter No. 4684/Dir(Pen)/2001 dated 7th November 2001 maybe modified as “Time bar sanction for filing appeals for all type of Family Pension and disability/War injury pension/ element etc in respect of officers and PBORS beyond twelve months to five years”.

5. A period of one year from the date of issue of this order is granted for submission of the appeal in respect of past cases. This one time relaxation may be allowed judiciously in deserving cases.

6. This issue with the concurrence of Finance Division of this Ministry Vide their ID No PC-2 to 26(7)/2013/Fin/Pen dated 13/14 April 2016.

Hindi version will follow.

Download DESW circular No.1(3)/2008/D(Pen/Pol) dated 17.05.2016

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No.1/13/09-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rdFloor, Lok Nayak Bhawan,
Khan Market, New Delhi,
the 11thSeptember, 2013.

OFFICE MEMORANDUM

Sub: Eligibility of widowed/divorced daughters for grant of family pension – clarification regarding.

Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972. For settlement of old cases, it was clarified, vide OM dated 28.04.2011, that the family pension may be granted to eligible widowed/divorced daughters with effect from 30.08.2004, in case the death of the Govt. Servant/pensioner occurred before this date.

2. This Department has been receiving communications from various Ministries/Departments seeking clarification regarding eligibility of a daughter who became widowed/divorced after the death of the employee/pensioner.

3. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death or remarriage of their mother/father, i.e., the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled children for life and then to the unmarried/widowed/divorced daughters above the age of 25 years.

4. It is clarified that the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or hislher spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to
each child on hislher turn provided he/she is still eligible for family pension when the turn comes. Similarly, family pension to a widowed/divorced daughter is payable provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn to receive family pension comes.

5. As regards opening of old cases, a daughter if eligible, as explained in the preceding paragraph, may be granted family pension with effect from 30th August, 2004. The position is illustrated through an example. Shri A, a pensioner, died in 1986. He was survived by his wife, Smt. B, a son Shri C and a daughter, Kumari D, the daughter being the younger. Kumari D married in 1990 and got widowed in 1996. Smt. B died in 2001. Thereafter, Shri C was getting family pension, being disabled, and died in 2003. Thereafter, the family pension was stopped as Kumari D was not eligible for it at that time. She applied for family pension on the basis of O.M., dated 30th August, 2004. Since she was a widow and had no independent source of income at the time of death of her mother and on the date her turn came, she may be granted family pension. The family pension will continue only till she remarries or starts earning her livelihood equal to or more than the sum of minimum family pension and dearness relief thereon.

6. This is only a clarification and the entitlement of widowed/divorced daughters would continue to be determined in terms of O.M., dated 25/30th August, 2004, read with O.M., dated 28.4.2011.

sd/-
(D.K. Solanki)
Under Secretary to the Government of India

Source: http://pensionersportal.gov.in/
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/PPWE_110913.pdf]

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