Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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It is necessary that the scope of the benefit of family pension be restricted only to sons or daughters legally adopted by the government servant, during his/her lifetime.
The definition of 'family' is narrowly worded under the CCS (Pension) Rules, in the specific context of the entitlement to 'family pension' and in relation to the government servant. Therefore, the word "adoption" in Rule 54(14)(b)(ii) of the CCS (Pension) Rules, in the context of grant of family pension, must be restricted to an adoption made by a government servant during his/her lifetime and must not be extended to a case of adoption made by a surviving spouse of the government servant after his/her death. This is because the object of the provision is to lend succour to a son till he attains the age of twenty-five years and unmarried or widowed or divorced daughter; similarly to the adopted son or unmarried adopted daughter when such an adoption had been made by the government servant during his/her lifetime.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 386 of 2023
Ram Shridhar Chimurkar Vs. Union of India (UOI) and Ors.
Hon'ble Judges/Coram:
K.M. Joseph and B.V. Nagarathna, JJ.
Author: B.V. Nagarathna, J.
Decided On: 17.01.2023.
Citation: MANU/SC/0041/2023
1. Leave granted
