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Mother of deceased not entitled to family pension

Written by: Staff

Allahabad, July 7 (UNI) The Allahabad High Court has ruled that under Central Civil Services (Pension) Rules, the family pension is payable to the widow and not to the mother of the deceased.

A two-judge bench comprising Justices R K Agrawal and Sanjay Mishra observed under sub rule (6) of rule 54 of CCS (Pension) Rules, in absence of widow, the son and daughter are entitled to pension, but there was no such provision to the mother.

The court, thus, dismissed the writ petition of Ms Chandrawati (mother) and son Rohit Sahai.

The petitioners had moved the court claiming one-third share of family pension of deceased Rajesh Sahai, who died in harness in Uttar Pradesh accountant general office here.

Their plea was that alongwith widow Laxmi Sahai, the petitioners, Ms Chandrawati and Rohit, were heirs and legal representatives and thus entitled to one-third share each.

Dismissing the writ petition, the court said under the rules, family pension was to be paid only to one member of the family at the same time.

''The first right to receive family pension is to the widow and thereafter will be payable to the eligible child.'' UNI XC VS MA HS1947

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