File No. 4-1 (11) I 2021 - Pen
Government of India
Ministry of Communications
Department of Posts (Pension Section)
Dak Bhavan, Sansad, Marg New Delhi -1 10001
Dated: 02-12-2021
Suspension of family pension to a person charged with the offence of murdering or abetting in the murder of the Government servant: allowing family pension to other eligible family member.
CCS Pension Amendment Rules 2021 came into force from 22nd September 2021.
I am directed to forward herewith a copy of Gazette Notification No. 1124/2019 P&PW (E) dated 22.09.2021 published by Department of Pension and Pensioners Welfare, Ministry of Personnel, Public Grievances and Pensions on the subject cited above for information and necessary compliance.
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Pension and Pensioners' Welfare) NOTIFICATION New Delhi, the 22nd September, 2021
G.S.R. 648(E).-
In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department,
the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely:-
1. Short title and commencement. -
(1) These rules may be called the Central Civil Services (Pension), Amendment, Rules, 2021.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. ln the Central Civil Services (Pension) Rules, 1972, in Rule 54,for sub-ru1e (11-C), the following sub-rule shall be substituted, namely:-
11-C) (a) Where a person, who, in the event of death of a Government servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murder of the Government servant or for abetment of the commission of such an offence, the family pension shall not be payable to such person till the conclusion of the criminal proceedings instituted against him in this behalf and the family pension shall be payable to other eligible member of the family, if any, from the date following the date of death of the Government servant: Provided that where the spouse of the Government servant is charged with the offence of murder of the Government servant or for abetment of the commission of such al offence and the other member of the family eligible for family pension is a minor child of the deceased Government servant, the family pension to such minor child shall be payable through a duly appointed guardian, and the mother or father of the minor child shall not act as guardian for the purpose of drawl of the family pension.
(b) Where on the conclusion of the criminal proceedings referred to in clause (a), the person concerned,
(1) is convicted for the murder or abetment of the murder of the Government servant, such person shall be debarred from receiving the family pension and the same shall be continued to be paid to other eligible member of the family, if any;
(ii) is acquitted of the charge of murder or abetment of the murder of the Government servant, the family pension shall become payable to such person from the date of such acquittal and the family pension to other member of the family shall be discontinued from that date Provided that if there was no other eligible member of the family or the family pension ceased to be payable to the other eligible member of the family before the date of acquittal of the person concerned, the family pension shall be payable to such person from the date following the date of death of the Government servant or from the date on which the family pension ceased to be payable to the other eligible member of the family, as the case may be.
(c) The provisions of clause (a) and clause (b) shall also apply for the family pension becoming payable on the death of a Government servant after his retirement."
[F.NO.1/24/2019-P&Pw (E)] SANJMARAIN MATHUR, Jt. Secy.
