Grant of share of family pension to eligible child/children from widow who is not alive on death of ESM Pensioner under regulation 71(b) of the pension regulation 2008
O/o THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014
Circular No. 642
Dated: 26/11/2020
To,
The OI/C
Records/PAOs (ORs)
Sub: Grant of share of family pension to eligible child/children from widow who is not alive on death of ESM Pensioner under regulation 71(b) of the pension regulation 2008-reg.
A copy of GOI, MOD Ex-Servicemen welfare D(Pension Grievances) letter no. CD-5/DS/PS/SM/2020 dated 18.08.2020 on the above subject which is self explanatory is forwarded herewith for your information and necessary action.
2. Regulation 71(b) of Pension Regulations 2008(Part-I) states that “where a deceased is survived by a widow and has also left behind eligible child/children from another wife who is not alive, the eligible child of the deceased wife shall be entitled to the share of ordinary family pension which the mother would have received if she had been alive at the time of death of the service personnel/pensioner”.
3. It is, therefore advised that a review may be carried out at your end to identify the cases where 50% share of Family Pension cases have been notified to surviving widow, but claim for the other 50% share to eligible child/children from widow who is not alive, has not yet been submitted to O/o the PCDA (P). All such cases may be forwarded to this office at the earliest.
4. This circular has been uploaded on this office website www.pcdapension.nic.in for dissemination across the all concerned.
5. All other instruction will remain unchanged.
6. Hindi version will follow.
No. Gts/Tech/0113/LXXVIII
Dated 21.09.2020
Sushil Kumar Singh
Addl. CDA (P)
GOI, MOD Ex-Servicemen welfare D(Pension Grievances) letter no. CD-5/DS/PS/SM/2020 dated 18.08.2020
भारत सरकार/Government of India
रक्षा मंत्रालय/Ministry of Defence
पूर्व सैनिक कल्याण विभाग/ Department of Ex-Servicemen Welfare
D(Pension Grievances)
Room No. 116 ‘B’ Wing, Sena Bhawan,
New Delhi – 110 011
Dated: 18th August, 2020
Sub: Grant of share of family pension to eligible child/children from widow who is not alive on death of ESM Pensioner under regulation 71(b) of the pension regulation 2008-reg.
It may be noted that in case of death of an ESM pensioner who has left behind a surviving widow and children from another wife who is not alive, a provision has been made under Regulation 71(b) of Pension Regulations, read as follow, making such child/ children entitled to a share of the family pension:
Where a deceased is survived by a widow and has also left behind eligible child/children from another wife who is not alive, the eligible child of the deceased wife shall be entitled to the share of ordinary family pension which the mother would have received if she had been alive at the time of death of service personnel/ pensioner.
2. It may be noted that the provision for grant of a share of family pension to child/ children form a wife of the dead ESM who is not alive has apparently, been kept in Pension Regulations, for the welfare of these children and save them from possible vagaries of strained relationship with their step family.
3. Recently two cases have come to notice, where on the death of the ESM, only case of grant of 50% share to the surviving widow has been/ is being processed without calling claim for the other 50% share of family pension. First case relates to late Maj A.P Rao, No SL3209W, who died on 10.10.2002 and was survived by a widow and three children (one son and two daughters) from the other wife who was not alive. At the time of death of ESM these children were aged 19, 17 and 14 years, respectively. While 50% share of family pension was sanctioned to his surviving widow, but claim for the other 50% share of family pension was never called for and is yet to be sanctioned. The second case relates to No. JC-382491K late Sub Koneti Venkateshwarlu, who died on 30.06.2018. While claim of his surviving widow is being processed for 50% share of family pension, claims from the child from his other wife, who is not alive, has not been called for as yet.
4. It is not out of place to note that the objective of such a beneficial provision of Pension Regulations would be met only if the share of family pension to these child/children from the other wife who is not alive, is sanctioned/ released immediately on death of the ESM pensioner. As such you are requested to take appropriate action so that on receipt of family pension claim from surviving widow of ESM, the concerned Record Office should be directed to obtain claim from such eligible child/ children, from the other wife who is not alive, also.
This issues with the approval of the Secretary (ESW).
(Sarvjit Singh)
Deputy Secretary (Pension Grievance)
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