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HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal
Ramawtar Singh, S/o Late Janmat Singh – Appellant
Versus
State of Chhattisgarh, through the Secretary, Department of General Administration, New Mantralaya – Respondent
Order :
(Sanjay K. Agrawal, J.)
1. The short question involved in this writ petition is, whether the divorced wife of the deceased Government servant is entitled for family pension in accordance with Rule 47 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, ‘the Rules of 1976’)?
2. The aforesaid question arises for consideration on the following factual backdrop: -
3. Shri Bhanu Pratap Singh retired from service on 30-6-2012 as Accountant from the office of District Education Officer, Bilaspur / Mungeli and died on 26-1-2013. In his records, name of the petitioner has been shown as nominee in place of respondent No.6, as marriage between deceased Government servant Bhanu Pratap Singh and respondent No.6 has been dissolved by the judgment & decree dated 18-1-2008 by the jurisdictional matrimonial court.
4. Respondent No.6 (divorced wife of the deceased Government servant) after the death of the deceased Government servant, filed writ petition before this Court bearing W.P.(S)No.1346/2013 claiming retiral benefits which was disposed by this Court on 6-5- 2013 directing the duly constituted empowered committee to consider the case of respondent No.6 herein for grant of f
A divorced wife is not entitled to family pension under the Chhattisgarh Civil Services (Pension) Rules, 1976, as the definition of 'family' excludes divorced spouses.
The M.P. Civil Services (Pension) Rules do not provide for family pension to divorced daughters, and the petitioner failed to demonstrate unemployment or lack of income.
The court established that a divorced daughter is not entitled to family pension unless she demonstrates dependency on her deceased parent at the time of death and initiates divorce proceedings durin....
A married daughter cannot claim family pension under the Rajasthan Civil Services (Pension) Rules, 1996, if she was married at the time of her father's death.
Divorced daughters are entitled to family pension similar to unmarried daughters, emphasizing dependency and socio-economic justice rather than strict adherence to employment status.
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