Deepak Kumar Pandey v. Central Industrial Security Force

1. The petitioner had joined as Assistant Sub Inspector in the Central Industrial Security Force[1] on 27 January 2001. As he was desirous of joining the Jawaharlal Nehru University[2] as Section Officer, he submitted a technical resignation to the CISF which was accepted on 14 December 2014. He thereafter joined as Section Officer in the JNU on 15 December 2014. “CISF”, hereinafter “JNU”, hereinafter

2. On 5 July 2017, consequent after he had joined the JNU, the petitioner opted for receiving pro rata retiral benefits from the CISF in terms of para 3(ii) AIG/Estt, CISF HQrs letter dated 7 January

2017.

3. To that extent, there is no dispute between the parties.

4. The controversy is with respect to the family pension to which the petitioner’s family would be entitled in the event of his demise after he had retired from service.

5. At the time of drawing up of the Pension Payment Order[3] by the CISF, apropos the pro rata pension payable for the services rendered by him in the CISF, the petitioner had affixed the photograph of his wife. The CISF directed the petitioner to remove the photograph of his wife and submit a fresh application for pro rata pension on the ground that his wife would not be entitled to family pension.

6. It is this decision of the CISF which has prompted the petitioner to approach this Court by means of the present writ petition, seeking a declaration that the petitioner’s family would be entitled to pro rata family pension from the CISF in the event of the petitioner’s death.

7. The record reveals that the ground on which the petitioner was denied family pension was that the New Pension Scheme, which was “PPO”, hereinafter in existence in the JNU and by which the petitioner would be governed, also contained a provision for family pension. The stand of the CISF was, therefore, that the petitioner could not draw family pension from two sources.

8. Mr. Shanker Raju, learned Counsel for the petitioner points out that the aforesaid position was in existence prior to the deletion, from the Central Civil Services (Pension) Rules, 1972[4] –which admittedly apply to the CISF – of sub rules 13-A[5] and 13-B[6] of Rule 54, by notification dated 27 December 2012, which came into effect from 24 September 2012. The Department of Pension and Pensioners’ Welfare[7], by the following Office Memorandum[8] dated 23 May 2022, has clarified that, after the deletion, from the CCS (Pension) Rules, of CCS (Pension) Rules (13-A) A military pensioner, who on retirement from military service, on retiring pension, service pension or invalid pension is governed for the grant of ordinary family pension by Army Instruction 2/S/64 or corresponding Navy or Air Force Instructions and is re-employed in a civil service or civil post before attaining the age of superannuation, shall for the purpose of eligibility for the family pension admissible under this rule or the family pension already authorized under the aforesaid Army/Navy/Air Force Instruction, be governed as follows:-

(i) If he dies while holding a civil post, his family shall be allowed family pension under these rules or the family pension authorized at the time of retirement or discharge from the military service, whichever is more advantageous to the family:

(ii) If he has, on appointment to a civil service or post, opted to retain military pension for the past military service- (a) and retires from the civil re -employment without earning any pension therefore, his family shall be entitled to family pension as authorized at the time of his retirement/discharge from military service; (b) retires from civil re-employment after becoming eligible for pension therefore, he shall exercise an option at the time of applying for pension for civil service either to be governed by family pension under these rules or to avail of family pension benefits as authorized at the time of his retirement/discharge from military service and the said option once exercised shall be final.

(iii) If on appointment to a civil service or post, he has opted to surrender military pension and count the military service for civil pension, his family shall be entitled to family pension under these rules. (13-B) Family Pension admissible under this rule shall not be granted to a person who is already in receipt of Family Pension or is eligible therefor under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government: Provided that a person who is otherwise eligible for family pension under this rule may opt to receive family pension under this rule if he forgoes family pension admissible from any other source. “DOPPW”, hereinafter “OM”, hereinafter Rule 54 (13-A) and 54 (13-B), the proscription on a military pensioner drawing family pension from two sources was lifted. We may reproduce, for ready reference, DOPPW OM dated 23 May 2022 as under: “OFFICE MEMORANDUM Subject: - Eligibility for two family pensions-clarification regarding The undersigned is directed to state that representations/references have been received in this Department seeking clarification in regard to entitlement of a member of family for family pension from two different sources in respect of the same Government servant/pensioner, e.g., in respect of military service and civil service or in respect of service rendered in autonomous body and civil Government Department.

2. Before amendment of the erstwhile Central Civil Services (Pension) Rules, 1972 on 27th December, 2012, sub rule 13-A of Rule 54 of those Rules prohibited grant of family pension from the civil side to a re-employed military pensioner, if the military pensioner had opted for family pension for the military service rendered by him. Similarly, sub-rule 13-B of Rule 54 of those Rule prohibited grant of two family pensions to a person who was already in receipt of Family Pension or was eligible therefore under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government. Sub-rules 13-A and 13-B were omitted vide notification No. 1/33/2012-P&PW (E) dated 27th December, 2012 (effective from 24th September, 2012). Thus the restriction on entitlement of family pension from two different sources in respect of the same Government servant/pensioner in such cases was removed by the aforesaid amendment notification. This position was also clarified vide this Department’s O.M. No. I/33/2012-P&PW (E) dated 16th January, 2013.

3. The Central Civil Services (Pension) Rules, 2021 have been notified on 20th December, 2021 replacing the erstwhile Central Civil Services (Pension) Rules, 1972. Rule 50 of the Central Civil Services (Pension) Rules, 2021 deals with family pension. This rule also does not provide for any restriction on grant of family pension from two different sources in respect of the same Government servant/pensioner.

4. In view of the above, it is clarified that there is no restriction in the Central Civil Services (Pension) Rules, 2021 on grant of family pension to a family member from two different sources in respect of the same Government servant/pensioner, in cases referred to in para 2 above.