Last Updated on March 2, 2026 by Satish Mishra

Family pension in Indian government jobs provides financial security to dependents (spouse, children, or parents) of a deceased employee/pensioner, generally at 30% of last drawn basic pay. An enhanced rate of 50% is payable for 10 years if the employee dies in service with 7+ years of service.

Key Aspects of Family Pension:

Eligibility & Rates:
- Normal Family Pension: 30% of the last pay drawn.
- Enhanced Family Pension: 50% of the last pay drawn, payable for 10 years if death occurs after 7 years of service, or up to age 67 if death occurs after retirement.
- Recipients: Spouse (widow/widower), children (up to 25 years or marriage/earning), or dependent parents.
- Disabled Child: Eligible for lifetime family pension if unable to earn.

Application Process:
- The spouse must notify the bank/office of the employee’s death with a death certificate Pension Payment Order (PPO), and an undertaking for recovery of any excess payment.
Special Cases:
- NPS Employees: In case of death in service, families can opt for family pension under Old Pension Scheme (OPS) rules instead of NPS annuity.
- Special/Liberalized Pension: Higher rates (60% to 100%) apply to military personnel for death attributable to service or in war-like operations

Family Pension Case CAT Tribunal Chandigarh wherein applicant seeks similar relief in terms of Principal Bench of C.A.T titles Renu Gupta v. UOI etc. decided on 10/09/2018.

Key Rules:

Family pension is generally not paid if the beneficiary is convicted of murder of the pensioner.
If the spouse remarries, they may lose eligibility, but if the pension passes to children, they remain eligible.
Income limit for children/siblings is a monthly income not exceeding ₹9,000 + DA

YOGESH DEVI v. UNION OF INDIA AND ORS.

APPLICANT:

Yogesh Devi W/o Om Parkash aged 57 years, R/o House No. 491,

Sector 29-A, Chandigarh-160030, Group-C.

RESPONDENT:

Union of India through Secretary, Ministry of Defense, South Block, New Delhi-110011.
Director General, Directorate of Personnel (Pers-9), Defence Research Development Organization (A), Block DRDO Bhawan, New Delhi-110105.
Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad (UP)-211014.
Director, Terminal Ballistics Research Laboratory, Sector-30, Chandigarh-160030.

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QUORUM:

Hon’ble Ms. Ajanta Dayalan, Member (A)

FACTS:

The applicant’s husband expired at very young age leaving behind the applicant and her minor daughter as such, the applicant has remarried and is now seeking family pension from the respondent department where her husband was employed.

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ARGUMENTS BY THE COUNSEL FOR APPLICANT:

It was argued that the counsel that a similar case was decided by the Principal Bench of C.A.T titles Renu Gupta v. UOI etc. decided on 10/09/2018 where the applicant was granted relief. The counsel pleaded for a similar relief to be granted to the applicant in this case. The learned counsel for the applicant further states that vide letter dated 27.5.2020 and 25.6.2019, inter-departmental correspondence has taken place between different authorities. However, the applicant vide letter dated 1.8.2019 has only been informed that her representation has been forwarded to the Principal Controller of Defence Accounts (Pension) Allahabad for advice which is still awaited. The learned counsel stated that he will be satisfied if representation dated 4.12.2018 followed by reminder dated 24.7.2019 submitted by applicant for grant of family pension is considered and decided in a time bound manner.

JUDGMENT:

The court directed the competent authority amongst the respondents to consider and take a decision on the representation dated 4.12.2018 followed by reminder dated 24.7.2019 by passing a reasoned and speaking order within a period of two months from the date of receipt of certified copy of this order.

Order so passed be duly communicated to the applicant.

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Post Written by – Research Team of LegalSeva (LawFirm) of Satish Mishra Advocate. Responses from Google’s AI Overview included in Post.

Disclaimer: This is for informational purposes only. Consult a qualified lawyer for advice specific to your case.

For case specific advice, please contact Chandigarh Administrative Tribunal/Service Matter/Labour and Service/CAT/Legal Aid/Administrative/Senior/Service Employment Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.