No.1/16/1996-P&PW (E) (Vol.II)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners' Welfare
3rdFloor, Lok Nayak
Bhavan,
Khan Market, New Delhi
Dated: 27th November,
2012
Sub: Eligibility
of children from a void or voidable marriage for family pension - clarification
regarding.
The undersigned is directed to
refer to this Department's O.M. No.1/16/96-P&PW (E), dated 2.12.1996
whereby it was clarified that Pensionary benefits will be granted to children
of a deceased Government servant/pensioner from void or voidable marriages when
their turn comes in accordance with Rule 54(8). It is mentioned in Para 4 of
the O.M. that "It may be noted that they will have no claim whatsoever to
receive family pension as long as the legally wedded wife is the recipient of
the same."
2. The matter has been
re-examined in consultation with the Ministry of Law and Justice (Department of
Legal Affairs) and Ministry of Finance (Department of Expenditure). It has been
decided that in supersession of Para 4 of the O.M., ibid, dated 2.12.1996, the
share of children from illegally wedded wife in the family pension shall be
payable to them in the manner given under sub-rule 7 (c) of Rule 54 of CCS
(Pension) Rules, 1972, along with the legally wedded wife.
3. It has also been decided that
in past cases, no recovery from the previous beneficiary should be made. On
receipt of an application from eligible child/children of the deceased
Government employee/pensioner born to an ineligible mother, a decision
regarding division or otherwise of family pension may be taken by the
competent authority after satisfying himself/herself about veracity of
facts and entitlement of the applicant (s).
4. As regards pensioners/family
pensioners belonging to the Indian Audit and Accounts Departments, these Orders
issue after consultation with the Comptroller and Auditor General of India. . .
5. This issues with the
concurrence of Department of Legal Affairs vide their FTS No. 3036, dated
17.10.2012.
6. This issues with the
'concurrence of Ministry of Finance, Department of Expenditure vide their I.D.
No.530/E.V/2012, dated 23.11.2012.
Sd/-
(D.K. Solanki)
Under Secretary to the Govt. of India
Tel. No. 24644632
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