The Government of India, through the Ministry of Personnel, Public Grievances, and Pensions, has made significant provisions regarding the eligibility of divorced daughters for family pensions. These clarifications aim to provide financial security to dependent family members of deceased government employees or pensioners.

Background and Legal Framework

The provision for granting family pensions to widowed or divorced daughters beyond the age of 25 was officially established through an Office Memorandum (OM) dated August 30, 2004. This was included in Clause (iii) of Sub-Rule 54(6) of the Central Civil Services (Pension) Rules, 1972.

According to Rule 54(8) of the CCS (Pension) Rules, 1972, the family pension is initially granted to the spouse of the deceased government employee. After their demise or remarriage, the pension eligibility extends to unmarried children below 25 years of age, followed by disabled children for life, and then to unmarried, widowed, or divorced daughters above 25 years of age.

Read this Topic in Hindi

Clarifications on Family Pension for Divorced Daughters

In an earlier clarification issued on September 11, 2013, the government stated that family pensions are meant for dependents of the deceased government employee or pensioner. A dependent child is one who does not earn an income equal to or greater than the minimum family pension amount and its applicable dearness relief.

To qualify for a family pension, a divorced daughter must:

• Fulfill all eligibility conditions at the time of the death or ineligibility of her parents.
• Be financially dependent on her parents.
• Have obtained a decree of divorce from a competent court during the lifetime of at least one parent.

Amendments to Address Delayed Divorce Proceedings

Recognizing that legal divorce proceedings often take several years, the government has introduced a significant amendment to the eligibility criteria. Many cases were reported where a daughter initiated divorce proceedings while her parents were alive, but the divorce decree was granted only after their demise, leading to her ineligibility for the family pension.

To address this concern, a new decision was taken in consultation with the Department of Expenditure. As per the revised guidelines:

• If divorce proceedings were filed in a competent court during the lifetime of a government employee or pensioner (or their spouse), but the final divorce decree was issued after their death, the daughter remains eligible for the family pension.
• The pension will commence from the date of the divorce decree, provided all other eligibility conditions under Rule 54 of the CCS (Pension) Rules, 1972, are met.

Implementation and Notification

This revised policy has been communicated to all Ministries and Departments of the Government of India, the Comptroller & Auditor General of India, the Controller General of Accounts, and various pensioners’ associations. The clarification aims to ensure that eligible divorced daughters receive financial support despite procedural delays in their divorce settlements.

Conclusion

This amendment is a progressive step toward ensuring financial security for divorced daughters of deceased government employees. By addressing the complications arising from delayed divorce proceedings, the government has provided a much-needed relief to those dependent on family pensions for their livelihood. The decision underscores the commitment of the administration to social security and justice for dependent family members.

• Complete Guide of Bright Career : All India Entrance Exams for Higher Studies After 12th
• Pay Fixation for Combatant clerks and other Exserviceman : Updates and Clarification by Govt
• Important RBI Guidelines on Pension Payment for Central Government Pensioners
• Tribunal Directs Reconsideration of Ex-Serviceman’s Re-enrolment Request
• India’s defense capabilities and promoting self-reliance