In a landmark ruling, the Supreme Court of India determined that a child adopted by the widow of a deceased government employee after the employee’s death is not eligible for a family pension. A divided bench consisting of Justices KM Joseph and BV Nagarathna rendered the verdict.
This adopted child cannot be included in the definition of family under Rule 54(14)(bJ) of the Central Civil Services (Pension) Rules, 1972 in order to qualify for family pension. The bench noted that the family pension benefit must be limited to sons and daughters adopted legally by the government employee during his or her lifetime.
“The word ‘adoption’ in Rule 54(14)(bjil) 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 or her lifetime and must not be extended to a case of adoption made by a surviving spouse of the government servant after his or her death,” reads the decision.
The bench went on to explain that the family pension was designed to assist the surviving family members of a deceased government employee through a time of hardship. This relationship must be immediate and not distant. “An individual who was not even dependent on the government employee at the time of his death cannot be included in the definition of family under the Pension Rules,” the court ruled.
The Court ruled that an adopted child’s rights against an adoptive family under the Hindu Adoption and Maintenance Act of 1956 cannot be held to be available against the government, especially in light of the existence of pension regulations governing the area. The bench added, “There exists a significant disparity between the rights of an adopted son under Hindu law and his rights to receive a family pension, which is a burden on the public treasury.”
The decision was rendered in response to a petition filed by a woman whose husband, a government employee, had died and who had adopted a child after his death. The petitioner requested a family pension for the adopted child in accordance with the provisions of the 1956 Hindu Adoption and Maintenance Act.
The Supreme Court determined, however, that the petitioner’s adoption of the child following the death of her husband cannot be considered for the purpose of granting a family pension. The bench noted that the adoption was not finalised during the government employee’s lifetime, and thus cannot be considered valid for the purposes of claiming a family pension.
Recently, the Supreme Court of India ruled that a child born after the death of a government employee is eligible for a family pension. The court clarified that this situation differs from the adoption of a child following the death of a government employee. The court explained that a deceased government employee would not have had any relationship with an adopted child, as the child would have been adopted after the government employee’s death.
The ruling was rendered after the supreme court heard a petition filed by a man who was adopted by the widow of a government employee after his death. The man asserted that he was entitled to a family pension, but his claim was denied. He then appealed to Mumbai’s Central Administrative Tribunal (CAT), which ruled in his favour. The Bombay High Court, however, reversed the Tribunal’s decision, prompting him to appeal to the highest court.
In 1996, the appellant was adopted by a widow who had lost her husband two years prior, in 1994. The Supreme Court upheld the Bombay High Court’s ruling that the appellant did not qualify for a family pension because he was not adopted by the deceased servant during his lifetime. The bench explained that any other interpretation would result in the provision being abused in regards to the granting of pensions.
The significance of the court’s decision lies in the fact that it clarifies the rights of posthumous children of government employees. It is also essential to differentiate between the rights of adopted children and posthumous children in regards to receiving family pensions. Future similar cases are likely to be affected by the decision.
The 1972 Central Civil Services (Pension) Rules are the basis for the Supreme Court’s decision. The rules allow the widow or widower of a deceased government employee to receive a family pension. The rules also stipulate the payment of family pensions to the children of a deceased government employee. However, the rules stipulate that the children must be born to the government employee or legally adopted by them during their lifetime.
The decision of the Supreme Court clarifies the pension rights of posthumous children of government employees. The decision, which is based on the provisions of the Central Civil Services (Pension) Rules of 1972, is likely to have an impact on similar cases in the future.