Eligibility of widowed/divorced daughter for grant of Family Pension clarification

No.1(9)/2013-D(Pen/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi -110011

Dated 17th November, 2017

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief or the Air Staff

Subject: Eligibility of widowed/divorced daughter for grant of Family Pension clarification.

The undersigned is directed to state that the provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide GoI, Ministry of personnel, P.C. & Pensions, Department of Pension & Pensioners Welfare 0M No.1/19/03-(E) dated 2S.08.2004 Circulated vide GoI MOD letter No.878/A/D(Pen/Sers)/04 dated 21.09.2004 applying the same provision to the Armed Force Personnel.

2. It was clarified vide Government of India, Ministry of Personnel, P.G- & Pensions, Department of Pension & Pensioners Welfare OM No.1/13/09-P&PW (E) dated 11.09.2013 circulated vide MOD ID No.1(9)/2013/D(Pen/Pol) dated 16.09.2015, the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her turn provided he/she is still eligible for family pension when the turn come. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.

3. Grievances were being received from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of Government employee/pensioner had been instituted in the competent court during the life of one or both Government employee/pensioner & spouse, but none of them was alive by the time the decree of divorce was granted by the competent authority.

4. The matter has been examined in this department and it has been decided that the clarification “grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed tn a competent court during the life time of the employee/pensioner or his/her spouse but divorce took place after their death-provided the claimant fulfils all other conditions for grant of family pension. In such cases, the family pension will commence from the date of divorce” given by Government of India. Ministry of Personnel, P.G. & Pensions’, Department of Pension & Pensioners Welfare vide 0M No.1/13/09- P&PW (E) dated 19.07.2017 would also apply mutatis mutandis to divorced daughters of Armed Force personnel.

5. This issues with the concurrence ofthe Finance Division of this Ministry vide their ID No.10(09)/2015/Fin/Pen dated 17.10.2017.

6. Hindi version will follow.

sd/-
(Manoj Sinha)
Under Secretary to the Govt. of India

ORIGINAL TERMS OF REFERENCE TO OMJC AS GIVEN THROUGH RTI

F No. 1(4)/2016/D (P/P)

Ministry of Defence

Department of Ex-Servicemen’s Welfare

D (Pension/Policy)

Dated: 20^th July 2016

 To

Hon’ble Justice L Narasimha Reddy

Retired Chief Justice of Patna High Court

Head of Judicial Committee on OROP

 Sir,

           Ministry of Defence, Department of Ex-Servicemen’s Welfare has issued orders on 7-11-2015 for implementation of “One Rank One Pension” (OROP) for the Ex-Servicemen with effect from 1.7.2014. Detailed orders in this regard were issued on 3.2.2016.

 2.      The Central Government appointed a Judicial Committee headed by Justice L Narasimha Reddy, Retired Chief Justice of Patna High Court on 14.12.2015. The Terms of Reference for the Committee is as follows:

i.       Measures for the removal of anomalies that may arise in implementation of the OROP letter No. 12(1)/2014/D(Pen/Pol) Part II dated 7.11.2015.

ii.      Measures for the removal of anomalies that may arise out of the three forces due to implementation of OROP order ibid.

iii.     Implications on service matters.

iv.      Any other matter referred by the Central Government on implementation of OROP or related issues.

 In making its recommendations, the Committee shall take into account the financial impact of its recommendations.

 3.       A Public Notice was issued on 13.4.2016 calling for representations from Defence Forces Pensioners/Family Pensioners/Defence Pensioners Associations on anomalies that may have arisen out of implementation of OROP order by 29.04.2016 which was extended up to 15.05.2016. Services Headquarters of Army, Navy and Air Force were also requested to bring to the notice of the Department of ESW, Ministry of Defence any anomaly that has come up due to implementation of OROP.  

 4.      Suggestions/Views in response to the Notice received from Service Headquarters and other stake holders have been examined by the Department of Ex-Servicmen Welfare. In terms of Ministry of Defence notification No. 12 (01)2014- D (Pen/Pol) Part II dated 14.12.2015, the following issues arising out of the implementation of OROP are referred to the Judicial Committee for making its recommendations to the Central Government:   

 (i)      Whether the benefit of OROP is to be extended to Reservists

 (ii)    Whether the decision to grant benefit of MACP under OROP only to Pensioners who have actually earned requires any modification.

(iii)   Whether pension tables for more than 33 years of qualifying service are to be prepared.

(iv)    Whether the methodology followed for fixation of pension under OROP in the absence of actual retirees in the same rank and same qualifying service for the below mentioned categories requires any modification: 

                         ( a)     Regular Lt & Capt getting same pension as Honorary Lieutenant & Captain

 (b)     Doctors of AMC/ADC/RVC for the ranks of Lieutenant, Captain & Major under OROP getting same as Hony Lt & Hony Capt

 (c)     Doctors of AMC/ADC/RVC for the rank of Major getting lower than the regular commissioned officers of the rank of Major.

 (d)     TA personnel for the rank of Captain/Major and Lt Col getting the same pension.

 (e)     Lieutenant/Captain and Major in MNS category where data              is blank

 (f)      Rank of Major in Regular Commissioned Officers getting

Less than Major in EC or SSC category

(v)     Whether the methodology followed for fixation of pension under OROP for invalidated out/war injury pensioners and liberalised family pensioners requires any modification in pension fixation formula

(vi)    Whether in case of JCO/OR, the pension is to be paid on the basis of the last rank held instead of last rank pensioned under OROP

 Sd/------------------

K Damatanthi

Joint Secretary to the Government of India

Tele No. 011 2301 1804

Copy To: As per Standard Distribution

PRE-1986 PPO ISSUED FROM PCDA WITH OUT FAMILY ENDORSEMENT

SPECIMEN FILLED UP DATA SHEET

To

THE DIRECTOR AV – III

3^rd FLOOR

AFRO BUILDING

SUBROTO PARK

NEW DELHI-110010

INFORMATION REQUIRED TO BE F'ILLED BY PRE-01/01/2016 PENSIONERS EX-AIRMEN/NCs (E) AND THEIR ELIGIBLE FAMILY PENSIONERS

FOR REVISION OF PENSION UNDER 7^th CPC

Sl No	Details Required Details to be filled bv Pensioner
1	NAME OF AIRMEN/NC(E)	M B CHANDRAN MENON
2	SERVICE NUMBER	293512 T
3	RANK	SGT
4	TRADE	WPN/FIT
5	DATE OF BIRTH	00/00/0000
6	DATE OF DISCHARGE	30/09/1987
7	DATE OF DEATH (FOR FAMILY PENSIONER)	NA
8	AMOUNT OF PENSION DRAWN AT THE TIME OF DISCHARGE/DEATH (FOR FAMILY PENSIONER)	Rs 592
9	FULL POSTAL ADDRESSS  WITH PIN CODE	XXXXXXXXXXXXXXXXXX
10	AADHAR CARD NUMBER	0000 0000 0000
11	PAN CARD NUMBER(SELF)	XXXXXXXXXX
12	E-MAIL  ID	Vinodvihar31@gmail.com
13	MOBILE NUMBER	XXXXXXXX
14	BANK ACCOUNT NUMBER	XXXXXXXX
15	IFSC CODE OF PAYING BANK	SBIN0070517
16	BANK ADDRESS ( THROUGH DPDO ERNAKULAM HO NO  T09762)	STATE BANK OF INDIA SA ROAD NEAR JANATHA JN VYTTILA-PO
17	ORIGINAL PPO No.(ATTACH COPY IF AVAILABLE)	0814B1111887
18	CORRIGENDUM PPOS NO (ATTACH COPIES OF ALL)	08/14/CORR/10505/88
19	D ISABILITY PPO NO (IF GRANTED SEPARATELY) ATTACH COPY IF AVAILABLE	NA
20	LATEST CORR PPO No. OF DISABILITY IF NY(ATTACH COPY IF AVAILABLE	NA
21	WAR INJURY ELEMENT %	NA
22	DISABILITY ELEMENT% IF ANY	NA
23	SERVEICE ELEMENT AS ON 31 DEC 15	Rs 8778 (OROP)
24	DISABILITY ELEMENT AS ON 31 DEC 15	NA
25	LFP/SFP/OFP GRANTED( IN CASE OF FAMILY PENSIONER)	NA
26	WAR INJURY ELEMENT AS ON 31 DEC 15(IF ANY)	NA
27	FAMILY PENSION SHARE % (IN CASE OF DIVISION OF FAMILY PENSION%  SHARE)	NA
28	WHETHER PENSION NOTIFIED AS PER COURT ORDER (YES/NO).	NO
29	NAME OF SPOUSE/ FAMILY PENSIONER	XXXXXXXXXXXXXX
a)	DATE OF BERTH (spouse)	00/00/0000
b)	PAN NUMBER (spouse)	XXXXXXXXXX
c)	AADHAR CARD NUMBER(spouse)	0000 0000 0000
d)	MOBILE NUMBER	xxxxxxxxxxxx
e)	E-MAIL ID	Vinodvihar31@gmail.com

 Date:                                                          Signature of Pensioner