The Central Administrative Tribunal held that the Central Civil Services (Pension) Rules 1972 allows a widow to receive family pension even after getting re-married. The order was passed by the administrative member of the Tribunal Hon’ble Ms. Praveen Mahajan.

The fact pattern governing this matter is that the applicant Ms. Renu Gupta was appointed as store keeper in the year 1998 as well as she was made entitled to family pension as well as other retiral benefits under Central Civil Services (Pension) Rules 1972 owing to the fact of death of her husband late Shri Pawan Kumar Gupta on 7th September 1997. In the year 1999 the applicant remarried to the brother of her late husband, and thereafter in the year 2002 at her behest the family pension was transferred in the name of Mr. Karan Gupta i.e. their son.

Thereafter, in the year 2013 the applicant requested for the re-transfer of the family pension in her name which stood rejected by the respondents in the present case Renu Gupta v. Union of India and Ors. The applicant again applied for the same in the year 2015 which was again rejected by the respondent on the ground that she remarried. Following which the applicant claimed for extra-ordinary pension in the present case as well as transfer of the family pension in her name.

In the present matter, the Tribunal observed the following points- firstly that the applicant is not eligible for extra-ordinary pension because that is applicable for only in those cases wherein the employee’s death is attributable to Government service, which is not the case in the present matter, secondly that the applicant requested for transfer of the family pension in the name of her son without knowing the consequences of it, and now that the son has attained the age of 25 years the family pension will become inadmissible. Consequently, the family pension can be transferred in the name of the applicant irrespective of the fact that she has remarried.

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Judgment: Renu Gupta v. Union of India and ors.