Child adopted by widow of deceased government servant not entitled to family pension: Supreme Court

The Supreme Court on Tuesday held that a child adopted by the spouse of a deceased government servant after the death of such an employee is not entitled to claim family pension [Shri Ram Shridhar Chimurkar v. Union of India and Another]..A division bench of Justices KM Joseph and BV Nagarathna ruled that such an adopted child cannot be included within the definition of ‘family’ under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972 for claiming family pension. ."It is necessary that the scope of the benefit of family pension be restricted only to sons or daughters legally adopted by the government servant, during his/her lifetime ... the word “adoption” in Rule 54(14)(b)(ii) of the CCS (Pension) Rules, in the context of grant of family pension, must be restricted to an adoption made by a government servant during his/her lifetime and must not be extended to a case of adoption made by a surviving spouse of the government servant after his/her death," the judgment stated. .The bench explained that family pension was devised as a means to help the dependents of the deceased government servant tide over the crisis and to give them some succor. The association of such dependents to the government servant must be direct and not remote. Persons who were not even dependents of the government servant at the time of his death cannot be included in the definition of 'family' under the Pension Rules, the Court said..The Court further opined that the rights of an adopted child against an adoptive family under the Hindu Adoption and Maintenance Act, 1956, cannot axiomatically be held to be available against the government, particularly when there were extant pension rules governing the area."There exists a vital difference between the rights of an adopted son under Hindu Law and his rights to draw family pension, which creates a burden on the public exchequer," the Court said. .The Court added that a child born to a deceased government servant after his death would be entitled to family pension. The position of such posthumous children is different from children adopted after the death of the government servant, the Court said."This is because the deceased government servant would have had no relationship with the adopted child which would have been adopted subsequent to his demise, as opposed to a posthumous child," the judgment stated..The Court made these observations while rejecting an appeal moved by a man (appellant) who had been adopted by the widow of a government servant after such employee's demise. .The appellant had been adopted in 1996 by a widow, about two years after her husband, a government servant, passed away. In 2000, the appellant's claim for family pension was rejected, leading the appellant to move the Central Administrative Tribunal (CAT), Mumbai for relief. While the CAT ruled in the appellant's favour, the Bombay High Court set aside the Tribunal ruling, prompting the appellant to move the Supreme Court. .The Supreme Court, in turn, has upheld the Bombay High Court decision which held that the appellant was not entitled to receive family pension since he had not been adopted by the deceased servant during his lifetime."Any other interpretation would lead to abuse of the provision in the matter of grant of family pension," the Supreme Court said..Additional Solicitor General Madhavi Goradia Divan appeared for the respondents and advocate K Sarada Devi appeared for the appellant..[Read Judgment]

Child adopted by widow of deceased government servant not entitled to family pension: Supreme Court

Anadi Tiwari

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