A woman employee can now nominate her child or children for family pension in precedence over her husband in case of marital discord, the Centre said on Tuesday.

Rule 50 of the Central Civil Services (Pension) Rules, 2021 allows the grant of family pension following the death of a government servant or retired government servant.

If a deceased government servant or pensioner is survived by a spouse, family pension is first granted to the spouse. Other family members become eligible for family pension, on their turn, only after the spouse of the deceased government servant/pensioner becomes ineligible for family pension or dies, according to the rules.

The Department of Pension and Pensioners' Welfare (DoPPW) has now amended the rules and allowed a woman employee to nominate her child/children over her husband for the family pension.

"The amendment allows disbursement of family pension of a female government servant to an eligible child in precedence to her husband, in all cases where she has filed a divorce petition or a petition under the Protection of Women from Domestic Violence Act or cases under Indian Penal Code," DoPPW Secretary V Srinivas told PTI.

He said the amendment was formulated by DoPPW in consultation with the Ministry of Women and Child Development taking into consideration representations received.

"The amendment is progressive in nature and empowers women employees in family pension cases," said Srinivas, a 1989-batch Indian Administrative Service (IAS) officer of Rajasthan cadre.

In an order, the DoPPW said that in case divorce proceedings in respect of a female government servant/female pensioner are pending in a court of law, or she has filed a case against her husband under the Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code, "such female government servant/female pensioner may make a request for grant of family pension after her death to her eligible child/children, in precedence to her husband".

The DoPPW said it received a large number of references from ministries and departments, seeking advice as to whether a female government servant/female pensioner can be allowed to nominate her eligible child/children for family pension in place of her spouse in the event of marital discord leading to filing of divorce proceedings in a court of law.

Giving details, the order said a woman employee may make a request in writing to the concerned head of office that in the event of her death "during the pendency of any of the aforesaid proceedings, family pension may be granted to her eligible child/children in precedence to her spouse", the statement said.

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