No. 1/2/07-P&PW(E)
Govt. Of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
Lok Nayak Bhawan,
Khan Market, New Delhi,
2nd September, 2011
OFFICE MEMORANDUM
Subject: Grant of family pension to dependent parents of a deceased Government employee.
The undersigned is directed to refer to this Department’s O.M,No. 45 /86/97-P&PW(A)-Part I, dated 27.10.1997, whereby the definition of family for the purpose of grant of family pension was extended to include, inter alia, “parents who were wholly dependent on the Government servant when he/ she was alive provided the deceased employee had left behind neither a widow nor a child”.
2. It has been observed that Ministries/ Departments have been interpreting this to mean that parents are eligible for family pension when the deceased employee is survived by them only. In case the deceased employee is survived by a widow and/ or one or more children, the parents are not considered eligible to receive family pension subsequent to such widow and/or children becoming ineligible to receive family pension or ceasing to survive.
3. It is hereby clarified that in case the deceased government servant is not survived by a widow/widower or a child, the dependent parents become directly eligible to receive family pension. In cases where a deceased Government servant is survived by a widow/widower or a child, and the position changes subsequently because of death or re-marriage of the spouse and/or death or ineligibility of child/children, including a disabled child, the dependent parents become eligible for family pension However.in terms of this Department’s OM. No. 38/37/08-P&PW(A) dated 02.09.08, a childless widow, subject to dependency criteria, is entitled to the family pension even after her re-marriage. In such an event, the parents of the deceased employee become entitled to the family pension only after the childless widow dies or when her independent income from all other sources becomes equal to or higher than that prescribed for dependency criterion under the Rules.
4. This issues with the concurrence of Ministry of Finance,Department of Expenditure vide. U.O. No.248/EV/2011, dated 2nd September, 2009.
K.K.Mittal
Director
SOURCE-http://circulars.nic.in