Delhi High Court upholds family pension to CRPF jawan's widow despite remarriage

The Delhi High Court on Tuesday upheld the constitutional validity of rules permitting a childless widow of a deceased Central government servant to continue receiving family pension even after remarriage [Smt Lakshmi Devi and Anr v. Union of India and Ors]. 

A Bench of Justices Anil Kshetarpal and Amit Mahajan ruled that there was no infirmity in Rule 54 of the Central Civil Services (Pension) Rules, 1972 and Clause 8.6 of the Office Memorandum dated September 2, 2009. 

It held that the Rules show a clear government policy to financially support the widow of a deceased member even after she remarries, as long as she does not have sufficient independent income.

“The object underlying the provision appears to be to encourage remarriage of widows while ensuring that the sacrifice made by members of the armed and paramilitary forces, in the interest of public order and societal welfare, does not leave their immediate dependents financially vulnerable. Such an object is not only legitimate but also laudable and bears a direct and rational nexus with the classification made under the Rules,” the Court said. 

The Bench made the observations while rejecting a challenge brought by the parents of a Central Reserve Police Force (CRPF) personnel who died on duty. 

Following his death, family pension was sanctioned to his widow. The parents of the deceased approached authorities claiming pension rights after the widow remarried, arguing that her remarriage should disqualify her and shift entitlement to them as dependent parents.

They also challenged the validity of Rule 54 and a 2008 Office Memorandum, contending that allowing a remarried widow to continue drawing a pension was arbitrary and discriminatory, particularly when aged parents were excluded from the benefit.

However, the High Court rejected these arguments, holding that family pension is a statutory entitlement governed strictly by pension rules, not a form of inheritance. The Bench noted that under Rule 54, parents become eligible for family pension only if the deceased employee leaves behind neither a widow nor a child.

"The object of family pension is to provide immediate and assured financial support to the closest dependents of the deceased government servant, in an order of priority determined by the rulemaking authority. The primacy accorded to the widow, including a childless widow after remarriage, reflects a policy determination which cannot be characterised as manifestly arbitrary merely because it excludes parents in the presence of an eligible widow."

Advocates Deepak Kohli and Rishi Vohra appeared for the parents of the deceased soldier. 

Advocate Nirvikar Verma appeared for the Union of India. 

[Read Judgment]