No family pension for kin charged with murder of govt servant, says new pension rules | India News – Times of India


NEW DELHI: Making a provision for cases where a government servant is murdered and his eligible next of kin is charged with the murder or abetment of murder, the Centre on Wednesday amended the pension rules to deny payment of family pension to such kin until criminal proceedings against him or her have concluded.
The family pension may, in such cases, be paid to another eligible kin of the deceased, according to the Central Civil Services (Pension) Rules, 2021, notified on Wednesday. Where the spouse of the government servant is charged with murder or abetment of the commission of such offence and the other eligible kin is a minor child of the government employee, the family pension may be drawn for the child through a duly appointed guardian other than his parent.
The amendments have been given effect by adding a sub-rule 11-C to Rule 54 of the CCS (Pension) Rules, 1972, which deals with payment of family pension.
As per the new sub-rule, if the eligible family member being tried for murder of the government staffer is convicted, he or she shall be debarred from receiving the family pension and the other eligible kin drawing pension shall continue to be paid the same.
Alternatively, if the murder accused is acquitted, the family pension will be restored to him or her. Where no other family member was drawing family pension or it had ceased to be payable, the restoration of family pension for the acquitted next of kin would be from the date following the date of death of the government employee or from the day the family pension ceased to be payable, respectively.
The provisions would also apply for family pension becoming payable on the death of a government servant after his retirement.
The CCS (Pension) Rules, 1972, have been amended in exercise of powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution of India.

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