Government Employee Not Required to Declare All Family Members for Family Pension

The Delhi High Court has ruled that a government employee is not obligated to list all family members in their service book to be eligible for family pension. The Court overturned a Civil Court order that had dismissed an application filed by the petitioner under Order VII Rule 11 of the Civil Procedure Code (CPC).

The Court clarified that even if the names of a government employee’s family members are not mentioned in the service book, they can still apply for family pension if they meet the necessary qualifications.

Justice Neena Bansal Krishna, in her judgment, noted, “As per the CCS Pension Rules, family pension is payable to the members of the deceased pensioner’s family, including the widow or widower, children, dependent parents, and dependent siblings. The right to family pension is not dependent on declaring family members in the service book. There is no legal requirement for a government employee to declare all family members.”

Advocate N.K. Kantawala represented the petitioner, while Advocate Naushad Ahmed Khan appeared for the respondents.

The case involved a petitioner, a Music Teacher with the Department of Education, Government of NCT of Delhi, who retired after serving in the government before her marriage. Her husband, a retired government employee, filed a lawsuit claiming that she had concealed her marital status in her service records, thus denying him his rights to family pension.

The suit sought directions for processing his family pension according to the Central Civil Services (Pension) Rules, 1972, and demanded an inquiry into her alleged concealment. In her defense, the petitioner stated that her marital status had been left unchanged and was later corrected after her husband filed complaints. She argued that the suit was intended to harass her and that family pension could only be claimed after her death.

The High Court explained that according to Rule 50 of the CCS Pension Rules, 2021, family pension is granted only after the death of a government servant. “The right to claim family pension arises only after the death of the retired government employee, not before,” the Court said.

The Court further emphasized that since the petitioner is still alive, her husband cannot claim family pension at this time. It also noted that there is no certainty regarding whether the husband would outlive the wife.

In conclusion, the Court ruled that the suit did not present any valid cause of action and allowed the application under Order VII Rule 11 CPC. The previous order was set aside, and the suit was rejected.