Family pension

Dear Client,
As per Notification No. 26 (3)-Pension Unit/82, dated the 26th August, 1983 issued by Deptt. of Personnel & A.R, Govt. of India and published in the Gazette of India, dated the 10th September, 1983, as S.O. No. 3478, and as per Rue 5(3) of the Payment of Arrears of Pension (Nomination) Rules, 1983. every employee who is due to retire after the date of commencement of these rules shall submit the nomination, in triplicate, in Form "A" to the Head of Office or the Department from where he is retiring within three months before or after the date of retirement. According to sub-rule 7 of Rule 5, Nomination, fresh nomination or notice of modification of nomination shall take effect from the date of receipt thereof by the Pension Disbursing Authority or the Head of Office, as the case may be. Further, as per Rule 6, a nomination made under Rule 5 and accepted by the Pension Disbursing Authority or the Head of Office, shall be conclusive proof with regard to the person nominated to receive arrears of pension of the pensioner under these rules. Further, as mentioned in your query, both the Office Memos are applicable to a pensioner under the new pension scheme subject to submission of Form I under Rule 10 within 6 months of resuming the govt. service or after retirement from the service. As per Sub-Rule 13 of Rule 50 under the Central Civil Services (Pension) Rules, 2021 issued by the MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS vide Notification-GSR 868E(13) dated 20/12/2021, in case, both wife and husband are Government servants and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified in the said notification. So, in view of the aforesaid provision of relevant rules and notification issued by the concerned authorities, your entitlement to a dual pension now becomes questionable and doubtful, if deficiency is caused on the part of the pensioner in compliance with the statutory provisions of the relevant pension rules. Hence to clarify the matter, you may escalate your query seeking clarification on the subject before the Secretary to the Ministry of Home Affairs (Department of Personnel and Administrative Reforms) and the Ministry of Personnel Pension & Public Grievance Department of Pension & Pensioners’ Welfare either online or offline mode.