1. Husband of deceased female government servant — claim for family pension under Central Civil Services (Pension) Rules — exclusion in nomination — separate residence. (Para 2 )
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1999 Supreme(SC) 550
1999(9) Supreme 308
SUPREME COURT OF INDIA
G.B. Pattanaik & Umesh C. Banerjee, JJ.
G.L. Bhatia -Appellant
versus
Union of India & Anr. -Respondents
Civil Appeal No. 2458 of 1999
Decided on 23-4-1999
IMPORTANT POINT
Husband of deceased Central Government servant would be entitled to family pension notwithstanding the fact that he was living separately from wife but there was no divorce and his name was not included in nomination, because individual nomination contrary to statute will not operate.
Headnote:Service Law - Pension-Family pension - Husband of deceased Central Govt. Servant-Nomination not in favour of husband-He was staying separate from wife but there was no divorce-Husband entitled to family pension-Nomination contrary to statutory provisions would not operate-Central Civil Service (Pension) Rules-Rule 54(8)(ii) and (14)(b)(i).
Legal Category Hierarchy
Table of Contents
2. Whether a husband is entitled to family pension when the deceased government servant's nomination excluded him and they lived separately. (Para 2 )
3. Rule 54 defines family to include the husband; statutory rights prevail over individual nominations contrary to the statute; separate residence without divorce does not disqualify the widower. (Para 2 , 3 , 4 , 5 )
4. Where rights of parties are governed by statutory provisions, an individual nomination contrary to the statute will not operate. (Para 2 )
5. Appeal allowed — impugned order set aside — husband entitled to family pension. (Para 5 )
6. Does a nomination by a government servant override statutory eligibility for family pension?
No. Where the rights of the parties are governed by statutory provisions, an individual nomination that is contrary to the statute will not operate. (Para 2 )
7. Is a husband entitled to family pension if he lived separately from the deceased female government servant?
Yes, provided there is no legal divorce between the husband and wife, as the husband remains entitled to the pension under the applicable rules. (Para 5 )
8. Who is eligible for family pension under Rule 54 of the Central Civil Services (Pension) Rules in the case of a female government servant?
The husband is included in the definition of family, and the family pension becomes payable to the widower, failing which to the eligible child. (Para 3 , 4 )
ORDER
1. Leave granted.
2. The sole question that arises for consideration in this appeal is whether the appellant, who happens to be the husband of the deceased government servant, is entitled to family pension under the provisions of the Central Civil Services (Pension) Rules (for short "the rules") notwithstanding the fact that the deceased wife in her nomination did not include the husband. The forums below have taken the view agreeing with the authorities that since the nomination was not in favour of the husband and the husband was staying separate from the wife, the husband would not be entitled to family pension in question. This view cannot be sustained in view of the provisions contained in Rule 54 of the rules. It is too well settled that where rights of the parties are governed by statutory provisions, the individual nomination contrary to the statute will not operate.
3. Under Rule 54 sub-rule (14)(b)(i) the expression "family" has been defined thus:
"54. (14)(b)(i) Wife in the case of a male government servant, or husband in the case of a female government servant...."
4. Sub-rule (8)(ii) of Rule 54 states that:
"54. (8)(ii) If a deceased government servant or pensioner leaves behind a widow or widower, the family pension small become payable to the widow or widower, failing which to the eligible child."
5. In the light of the aforesaid provisions and there being no divorce between the husband and wife even though they might be staying separately, the appellant husband would be entitled to the family pension in terms of the rules as noted aforesaid and the authorities, therefore, committed error in not granting family pension to the appellant relying upon the nomination made by the deceased wife of the appellant. The impugned order is, accordingly, set aside and this appeal stands allowed.
(C.R.) Appeal allowed.
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