Can daughter get family pension after her parents’ death post divorce? Tripura High Court clarifies

Justice S Datta Purkayastha heard the matter on April 1.

Justice Purkayastha added that the Revised Pension Rules, 2017 does not cover the case of the petitioner to extend the benefit of family pension in her favour, and there is no challenge regarding said Rules on the ground of arbitrariness or discrimination.

Case of family pension to separated daughter

The petitioner is the daughter of the late father, a former labourer with the Agartala Municipal Corporation (AMC) who retired in 2004 and passed away on December 2, 2018.

Although the petitioner claimed she had been deserted by her husband shortly after marriage and lived as a dependent in her father’s house for over 40 years, her formal decree of divorce was only granted by a Family Court on October 4, 2021, nearly three years after her father’s death

Following the divorce, the petitioner applied for a family pension under the Tripura State Civil Services (Revised Pension) Rules, 2017. Her application was rejected by the Municipal Authority in 2024, leading to the current writ petition.

What Revised Pension Rules say

The court noted that the core issue involved in this case for decision is whether the petitioner, who has filed the divorce petition long after the death of her father and has later on obtained the decree of divorce, can claim family pension.

The Revised Pension Rules, 2017 was notified on July 11, 2017, giving its force with effect from April 1, 2017. The said Rules were framed exercising power under Article 309 of the Constitution of India by the state government,” the court stated.

It added that these Rules are made in supersession or modification of the relevant provisions contained in the Central Civil Services (Pension) Rules, 1972 as adopted and made applicable to the state pensioners earlier, with amendments made by the state government from time to time.

Upon reviewing Rule 8 of the Revised Pension Rules, 2017, the court noted that family pension is admissible to a “divorcee daughter” in the event of the death of the pensioner and their spouse.

Justice Purkayastha observed that the right to receive a pension accrues on the date of the pensioner’s death; therefore, the claimant must satisfy the eligibility criteria on that specific date.

Court’s findings

The court remarked that on plain reading of the said clause, it appears that the divorced daughter of the original pensioner, government employee, is entitled to get family pension on his or his spouse’s death, as the case may be.

As per the clarification in the office memo dated Septemeber 11, 2013, the court observes that family pension is intended for children who are deemed dependent on the Government servant or their spouse, meaning only those children who meet the specific eligibility and dependency criteria at the time of the death of the pensioner or their spouse, whichever occurs later, qualify for the benefit.

Furthermore, the court added that a widowed or divorced daughter is eligible for a family pension provided she satisfies all statutory requirements at the time of her parents’ death or ineligibility, as well as on the date her specific turn to receive the pension arises.

Highlighting that at the time of the death of the original pensioner and/or her spouse, the divorced daughter should have her dependency on her parent, the order said that in this case, it appears that the present petitioner had her dependency on her father at the time of his death.