The Central Government has introduced new rules to prevent confusion about who receives the family pension after the death of a government employee or pensioner.
These guidelines aim to resolve disputes that often occur, especially in cases where the employee had two or more wives and families had to approach the courts for clarification.
The government has now clearly defined who is entitled to the family pension and what rights the children will have in such situations.
These changes will bring relief to many families struggling to claim their rightful pension benefits.
Who Is Eligible for Family Pension?
The Department of Pension and Pensioners’ Welfare (DoPPW) has issued fresh guidelines under Rule 50 of the Central Civil Services (Pension) Rules, 2021.
According to these rules, when a government employee or pensioner passes away:
The pension first goes to the widow or widower (the legal spouse).
If there is no surviving spouse, it will go to eligible children.
After that, it may go to dependent parents, and finally to disabled siblings.
If the Employee Has Two Legal Wives
In cases where a government employee has two legally married wives, Rule 50(8)(c) states that the family pension will be divided equally between them.
For example, if the total pension is ₹20,000 per month, each wife will receive ₹10,000.
If one wife dies or becomes ineligible, her share will pass on to her children.
This clarification helps avoid court cases and ensures fair distribution.
However, the government has made it clear that the term “widow/widower” applies only to a legally valid spouse.
If a second marriage is not legally recognized (for example, if it violates the Hindu Marriage Act, 1955), the second wife will not be entitled to the pension.
In case of disputes, ministries and departments have been instructed to seek legal advice before making a decision, ensuring families receive their pensions without delay or injustice.
Why These Rules Matter
Earlier, families often faced lengthy legal procedures in pension disputes, particularly when more than one spouse was involved.
Now, the new rules make it clear that:
The legal spouse gets the first right to the pension.
After that, children and other dependents are next in line.
This will ensure faster and fairer pension distribution to families of government employees and pensioners.
