Children born to illegally wedded wife of a central government employee are entitled to get family pension

  
The Ministry of Personnel, Public Grievances and Pensions, in an order issued earlier this week, decided that pensionary benefits will be granted to children of a government servant or pensioner from "void or voidable" marriages.
   
Earlier, children born out of such a wedlock of a government servant had no claim on family pension and the legally wedded wife was the sole recipient of the post- retirement benefit.
   
However, the matter was re-examined in consultation with the Ministry of Law and Justice and Ministry of Finance and it was decided to amend the Central Civil Services (Pension) Rules, 1972.
   
The share of children from illegally wedded wife in the family pension shall be payable to them along with the legally wedded wife, an official memorandum issued by the Ministry of Personnel to all central government departments on November 27, said.
   
"It has also been decided that in past cases, no recovery from the previous beneficiary should be made," the order said.
   
The Centre has left it to the authorities concerned in the respective departments to decide on the percentage of the pension to such children.
   
"On receipt of an application from an eligible child or children of the deceased government employee or pensioner born to an ineligible mother, a decision regarding division or otherwise of family pension may be taken by the competent authority after satisfying himself or herself about veracity of facts and entitlement of the applicant(s)," it said.
Source : http://english.samaylive.com
Copy of Department of Pension & Pensioners' Welfare , Ministry of Personnel, P.G. & Pensions order no 1/16/1996-P&PW (E) (Vol.II) dated 27.11.2012 is reproduced below.

No.1/16/1996-P&PW (E) (Vol.II)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners' Welfare
3rdFloor, Lok Nayak Bhavan,
Khan Market, New Delhi

 Dated: 27th November, 2012

Sub: Eligibility of children from a void or voidable marriage for family pension - clarification regarding.

The undersigned is directed to refer to this Department's O.M. No.1/16/96-P&PW (E), dated 2.12.1996 whereby it was clarified that Pensionary benefits will be granted to children of a deceased Government servant/pensioner from void or voidable marriages when their turn comes in accordance with Rule 54(8). It is mentioned in Para 4 of the O.M. that "It may be noted that they will have no claim whatsoever to receive family pension as long as the legally wedded wife is the recipient of the same."

2. The matter has been re-examined in consultation with the Ministry of Law and Justice(Department of Legal Affairs) and Ministry of Finance (Department of Expenditure). It has been decided that in supersession of Para 4 of the O.M., ibid, dated 2.12.1996, the share of children from illegally wedded wife in the family pension shall be payable to them in the manner given under sub-rule 7 (c) of Rule 54 of CCS (Pension) Rules, 1972, along with the legally wedded wife.

3. It has also been decided that in past cases, no recovery from the previous beneficiary should be made. On receipt of an application from eligible child/children of the deceased Government employee/pensioner born to an ineligible mother, a decision regarding division or otherwise of family pension may be taken by the competent authority after satisfying himself/herself about veracity of facts and entitlement of the applicant (s).

4. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

5. This issues with the concurrence of Department of Legal Affairs vide their FTS No. 3036, dated 17.10.2012.

6. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their I.D. No.530/E.V/2012, dated 23.11.2012.

Sd/-
(D.K. Solanki)
Under Secretary to the Govt. of India
Tel. No. 24644632