The Department of Pension and Pensioners' Welfare (DoPPW) under the Ministry of Personnel, Public Grievances And Pensions have issued new rules further to amend the Central Civil Services (Pension) Rules, 1972 on dated 22nd September 2021. Under the new rule, if a person who is eligible to receive a family pension under this rule in the event of the death of a Government servant while in service is charged with murder or abetment of the commission of such an offense, the family pension shall not be payable to such person until the conclusion of the criminal proceedings put into effect against him in this regard and the family pension is payable to any other eligible member of the family, if any, commencing on the day following the death of the Government employee.
The department has said in the circular that "if the spouse of the Government servant is charged with the offense of murder of the Government servant or for abetment of the commission of such an offense 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 drawal of the family pension."
Only when criminal procedures stated above are conducted, the individual concerned 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 members of the family, if any or 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 members of the family shall be discontinued from that date.
DoPPW has also clarified 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."
The above rules shall also apply for the family pension becoming payable on the death of a Government servant after his retirement.