Dual family pension to Military widows from the date of demise of of the Military Pensioners, rather than 24-09-2012: Status on the recommendations of the Raksha Mantri Committee

Dual family pension to Military widows who are drawing pension from a contributory or non-government source or fund or trust from the civil side, from the date of demise of of the Military Pensioners, rather than 24-09-2012: Status on the recommendations of the Raksha Mantri Committee

DEPARTMENT OF EX-SERVICEMEN WELFARE (DESW)

STATUS ON THE RECOMMENDATIONS OF THE OF RAKSHA MANTRI’s COMMITTEE OF EXPERTS CONCERNING DESW 

Recommendation

2.2.12 DUAL FAMILY PENSION TO MILITARY WIDOWS WHO ARE DRAWING PENSION FROM A CONTRIBUTORY OR NON- GOVERNMENT SOURCE OR FUND OR TRUST FROM THE CIVIL SIDE, FROM THE DATE OF DEMISE OF THE MILITARY PENSIONERS, RATHER THAN 24-09-2012:

The Committee hence recommends that while the benefits of double family pension may be restricted w.e.f 24-09-2012 in terms of GoI/MoD Letter dated 17-01-2013 for family pensioners earning their second pension from a purely Government source, the same may be released from the date of death of the pensioner in all cases where the pension from the civil side is from a non-government fund or contributory fund or any other pension trust or source as already interpreted by Courts and Tribunals and upheld as such by the Supreme Court in Leela’s case and Veena Pant’s case (supra). All such cases pending before Courts or arising in the future may be directed to be conceded and pending appeals withdrawn.

Status:

Not Accepted:

Raksha Mantri’s Committee of Experts vide Para 2.2.12 recommends that while the benefits of double family pension may be restricted w.e.f 24.9.2012 in terms of MoD letter dated 17.1.2013 for family pensioners earning their second pension from a purely Government source, the same may be released from the date of death of the pensioners in all cases where the pension from the civil side is from non- government fund or contributory fund or any other pension trust or source as already interpreted by Courts and Tribunals and upheld as such by the Supreme Court in Leela’s case and Veena Pant’s case (supra). All such pending before Court or arising in the future may be directed to be conceded and pending appeals withdrawn.

2. Dual family pension has been implemented on the recommendation of Cabinet Secretariat Committee 2012. As per para 4 of MoD letter dated 17.01.2013 this provision shall be applicable to the Armed Forces Personnel who got discharged/retired/invalided out from service with effect from 24.9.2012 or thereafter. Benefit of these provisions shall also be allowed in past cases however the financial benefit shall be granted from 24.9.2012.

3. CGDA to whom the matter was referred, vide their letter dated 6.7.2017 intimated that prior to issue of GOI MoD letter No. 1(5)/2010-D(Pen/policy) dated 17.1.2013 allowing military family pension in addition to civil family pension to families of Armed Forces personnel re-employed in Civil Deptts/PSUs/Autonomous bodies/local funds, families of Armed Forces personnel re-employed in organizations covered under Employee Pension Scheme(EPS)-1995 and Family Pension Scheme(FPS) 1971 were eligible for defence pension since 27.07.2001 vide MoD letter No. 2/CC/B/D(Pension/Policy)/2001 dated 28.8.2001. No other non-Government fund or contributory fund or any other pension trust or source was notified in the ibid letter or in any subsequent orders. Hence any comments on the issue can only be offered after non-Government source or contributory fund or any other pension trust or sources are identified by Ministry.

4. Accordingly, three Services were requested to identify the non-government source or contributory fund or any other pension trust or pension source from which first family pension is being drawn by Military Widows as referred in para 2.2.12 of the recommendations. Service Hqrs. have intimated that the requisite information is not available with them.

5. Vide MoD letter dated 28.8.2001, DoP&PW notification No. 1/19/96/P&PW (E) dated 27.7.2001 was made applicable mutatis mutandis to Armed Forces Personnel who were re-employed in the Organizations/ Establishments where EPS 1995 and FPS 1971 are in force. In view of this the file was referred to DoP&PW with a request to intimate the non- Government source or contributory fund or any other pension trust or sources.

6. DoP&PW have intimated that as per sub-rule 54 of CCS (Pension) Rules, 1972 which existed before 27.07.2001, “Family Pension admissible under this rule shall not be granted to a person who is already in receipt of family pension or is eligible therefor under any other rules of the Central Govt. of a State Govt. and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government:” Provided that a person who is otherwise eligible for family pension under this rule may opt to receive family pension under this rule if he forgoes family pension admissible from any other source.” One more provision was inserted vice notification dated 27.07.2001 which states, “Provided further that family pension admissible under the Employees Pension Scheme, 1995 and the Family Pension Scheme, 1971, shall, however, be allowed in addition to the family pension admissible under these rules.” However, in 2012 sub-rule (13-B) was deleted vide GoI, DoP&PW Notification No. 1/33/2012-P&PW(E), dated 27.12.2012. As per the amended rule, as it existed today, family pension under CCS(Pension)Rules, 1972 is admissible in addition to family pension from any other source. Further, DoP&PW has no information regarding the other source from where family pension is admissible, apart from the EPS 1995 and FPS 1971.

7. Prior to issue of GOI MoD letter No. 1(5)/2010-D(Pen/policy) dated 17.1.2013, families of Armed Forces personnel re-employed in organizations covered under Employee Pension Scheme(EPS)-1995 and Family Pension Scheme(FPS) 1971 were eligible for defence pension since 27.07.2001 vide MoD letter No. 2/CC/B/D(Pension/Policy)/2001 dated 28.8.2001. Hon’ble High Court of Kerala in WP(C) No. 22963 of 2007(H) in the matter of Smt. Leela held that the disability of a widow to receive family pension from the Air Force, inter- alia, arises only when she is the recipient of a family pension from the Government. The New India Assurance Company, obviously, cannot be equated with a Government, though it is a statutory body and a General Insurance Company, a Government of India undertaking. Therefore, the petitioner whose husband was re-employed in New India Insurance Company covered under EPS, 1995, is entitled to family pension from the Air Force from the 1st day of the month following the death of her husband.

8. Hon’ble AFT(PB), New Delhi vide its order/judgement dated 31.10.2012 in OA No. 116/2012 in the matter of Smt Veena Pant has held that there is no prohibition which has been bought to our notice from the Air Force Pension Regulation nor did we find any prohibition in the Pension Regulation for the Army, 1961 which prohibits dual pension to a person who have put in requisite service for getting a pension on account of completion of his service in the Army or Navy or Air Force which prohibits grant of family pension to the personnel from the Armed Forces who have put in requisite qualifying service for pension. Therefore, we are of the opinion that the denial of the family pension to the petitioner in view of the death of her husband is not justified.

9. In view of the orders/judgements in the above cases it has been observed that the Hon’ble High Court of Kerala and AFT(PB), New Delhi has held that family pension from military side cannot be denied to the family of Armed Forces personnel who had put up pensionable service. Military pension in addition to civil family pension to families of Armed Forces personnel re-employed in Civil Deptts/PSUs/Autonomous bodies/local funds etc. has already been allowed w.e.f. 24.09.2012 vide MoD letter dated 17.01.2013. Further, the information regarding non-government fund or contributory fund or any other pension trust or source is not available with CGDA, Service Hqrs. and DoP&PW. In view of the above, the recommendation of Raksha Mantri’s Committee of Experts vide Para 2.2.12 for grant of second family pension from the date of death of the pensioners instead of 24.09.2012 in all cases where the pension from the civil side is from an non-government fund or contributory fund or any other pension trust or source cannot be examined further.

View: Status on the recommendations of Raksha Mantri’s Committee of Experts concerning DESW