Delhi High Court Upholds Pension Rights of Remarried Childless Widows Court dismisses petition challenging the constitutionality of Rule 54 of the CCS (Pension) Rules, 1972, affirming the entitlement of a childless widow to continue receiving family pension after remarriage.
In a significant ruling, the Delhi High Court has dismissed a writ petition filed by the parents of a deceased CRPF employee, Bhim Singh, challenging the continuance of family pension to his childless widow, Smt. Anita Devi, after her remarriage. The court upheld the constitutionality of Rule 54 of the Central Civil Services (Pension) Rules, 1972, which permits a childless widow to receive family pension post-remarriage, subject to income criteria.
The petitioners, Smt. Lakshmi Devi and another, contested the Office Order dated August 10, 2017, which denied them the family pension, arguing that the widow's remarriage should disqualify her from receiving pension benefits, thus entitling them to the pension as dependent parents. The court, however, found that the statutory provisions clearly prioritize the widow over parents in the pension hierarchy, provided she has no substantial independent income.
The bench, comprising Justices Anil Kshetarpal and Amit Mahajan, emphasized that the entitlement to family pension is strictly governed by statutory rules, not considerations of equity or compassion. The court rejected the petitioners' claims of arbitrariness and discrimination under Articles 14 and 41 of the Constitution, noting that the classification between widows and parents has a legitimate nexus to the objective of supporting immediate dependents.
In its detailed judgment, the court referenced several precedents, including the Supreme Court's ruling in Ram Shridhar Chimurkar v. Union of India, to clarify the scope of "family" under the pension rules, asserting that subsequent relationships, such as those formed after a widow's remarriage, do not affect her pension entitlement related to the deceased employee.
The court further ruled that the policy decision to allow childless widows to continue receiving pensions post-remarriage aims to provide financial stability and encourage remarriage without penalizing the widow for entering a new matrimonial relationship. The judgment underscores the statutory scheme's focus on the welfare of immediate dependents of government servants, particularly those in paramilitary forces.
In conclusion, the court found no legal infirmity in the continued payment of family pension to Smt. Anita Devi, affirming the statutory framework's validity and dismissing the petitioners' challenge. The ruling reinforces the structured priority of beneficiaries under the CCS (Pension) Rules, ensuring that the widow's entitlement remains intact unless her independent income exceeds prescribed limits.
Bottom Line:
Family Pension under Rule 54 of the CCS (Pension) Rules, 1972 - A childless widow is entitled to continue receiving family pension even after remarriage, subject to income criteria. Parents of a deceased employee are entitled to family pension only when no eligible widow or child exists.
Statutory provision(s): Rule 54 of the Central Civil Services (Pension) Rules, 1972, Articles 14 and 41 of the Constitution of India.
Smt. Lakshmi Devi v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2844095
