Family pension to post-retiral spouses

 (16) Family pension to post-retiral spouses. - According to Rule 54 (14) (b) (i) of the CCS (Pension).Rules,1972,the post retiral spouses are not entitled to family pensioners, Smt. Bhagwanti, widow of a Defence pensioner and Smt. Sharda Swamy, widow of a Railway pensioner, who had married after retirement, filed Writ Petition Nos. 1128 of 1988 and 1204 of 1988, respectively, in the Supreme Court claiming that the benefit of the family pension scheme may also be extended 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp7.htm#Amount%20of%20Pension 64/85 to them. The Hon'ble Supreme Court in its judgment, dated 29-8-1989, allowed the petitions of Smt. Bhagwanti and Smt. Sharda Swamy. 2. The matter regarding implementation of the judgment of the Supreme Court has been considered by the Government. The President is, accordingly, pleased to decide that the benefit of Family Pension Scheme, 1964, will also be admissible to the post-retiral spouses from the date following the date of death of the pensioner. 3. Life time arrears, wherever admissible, of family pension in respect of spouses of the deceased post-retiral spouses would also be payable to their family members/heirs where the spouse eligible for family pension was alive on the date of eligibility and who died subsequent to that date, for the period from the date of eligibility to the date of death. 4. The sanction of family pension and its payment will be regulated in accordance with the procedure laid down in the CCS (Pension) Rules, 1972. 5. These orders do not apply to Railway employees, persons paid from Defence Services estimates and the members of the All India Services. Separate order in respect of them would be issued by the respective Ministries. 6. In their application to the families of pensioners who retired/retire from Indian Audit and Accounts Department, these orders have been issued after consultation with the Comptroller and Auditor-General of India. 7. Formal amendment to Rule 54(14) (b) (i) and (ia) of the CCS (Pension) Rules, 1972, is being issued separately (since amended). [G.I., Dept. of P. & P.W., O.M. No. 1/87/89-P. & P.W./C, dated the 30th November, 1990.] NOTE. - The benefit of the above OM, dated the 30th November, 1990, is admissible also to post-retiral spouses whose marriages were solemnized after retirement even before 30th November, 1990.