Madhya Pradesh High Court Affirms Son's Right to Family Pension Until Age 25, Irrespective of Marital Status

Court Overrules Marriage Condition in Pension Sanction Order, Directs Payment of Arrears with Interest

In a significant judgment, the Madhya Pradesh High Court, Gwalior Bench, has ruled that a son is entitled to receive a family pension until he reaches the age of 25, regardless of his marital status. This decision comes as a relief to Neeraj Kewat, the petitioner, who challenged the inclusion of a marriage condition in the pension sanction order following his father's death.

The case involved Neeraj Kewat, whose father, Late Mr. Gangaram Kewat, a retired Line Helper, passed away on May 15, 2021. Following his father's demise, Neeraj applied for a family pension under the M.P. Civil Services (Pension) Rules, 1976. Although the pension was sanctioned for the period from May 16, 2021, to February 2, 2026, the order included a condition that the pension would cease upon his marriage, which the petitioner contested.

Presiding over the case, Justice Ashish Shroti emphasized that the provisions under Rule 47(6) of the M.P. Civil Services (Pension) Rules, 1976, clearly entitle a son to family pension until the age of 25, without any condition related to marriage. The court noted that the condition of marriage is applicable only to daughters, not sons, under the pension rules.

The respondents, including the State of Madhya Pradesh, argued that the definition clause under Rule 47(14)(b)(ii) included a marriage condition for sons as well. However, the court ruled that the substantive provision of Rule 47(6) takes precedence and must be interpreted harmoniously, without inconsistent restrictions from the definition clause.

The court further directed the respondents to disburse the arrears of the family pension along with interest at 6% per annum from the date of eligibility. The ruling mandates that Neeraj is entitled to receive the family pension until he turns 25, or until he begins earning or passes away, whichever occurs first.

This judgment underscores the importance of clear statutory interpretation and ensures that eligible beneficiaries receive their rightful entitlements under the pension rules.

Bottom Line:

Family pension under M.P. Civil Services (Pension) Rules, 1976 - Marriage condition not applicable for a son - Son eligible for family pension till the age of 25 years, irrespective of marital status.

Statutory provision(s): M.P. Civil Services (Pension) Rules, 1976 - Rule 47(6), Rule 47(14)(b)(ii)

Neeraj Kewat v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc Id # 2814006