As regards to Family pension, Sub rule 13-A of CCS Pension Rules regulates the grant of family pension to a military pensioner after his / her re-employment in a civil service or a civil post. Grant of two family pensions had been prohibited under this sub rule. Similarly, sub rule 13-B prohibits grant of two family pensions to a person who is already in receipt of Family Pension or is eligible for any pension under any other rules of the Central Government or a State Government, Public Sector Undertaking, Autonomous Body, Local Fund under the Central or a State Government. The sub-rules 13-A and 13-B have since been omitted vide Notification G.S.R. No. 938 (E), dated 27.12.2012. Hence, there is no restriction as of now for receipt of two family pension provided the person concerned is otherwise eligible for those two family pension.

Department of Pension and Pensioners’ Welfare has issued Office Memorandum No: 1/33/2012-P & PW (E) dated 16.01.2013, containing detailed explanations with regard to this amendment in Pension Rules to allow two family pensions

The full text of this Office Memorandum dated 16.01.2013 is as follows

No.1/33/2012-P&PW (E)

Government of India

Ministry of Personnel, P.G. & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Dehi

Dated: 16th January, 2013

Office Memorandum

Sub: (i) Eligibility of  children for family pension after marriage and

The undersigned is directed to state that the Government has decided to allow continuance of family pension to mentally/physically disabled children who drew, are drawing or may draw family pension even after their marriage. Further, the Government has also decided to allow two family pensions where the pensioner drew, is drawing or may draw two pensions for military and/or civilemployments.

2. In order to implement these decisions, Explanations 1 and 3 after sub-rule 6 of Rule 54 of the Central Civil Services (Pension) Rules, 1972 have been suitably amended and sub- rules 13-A and 13-B have been omitted. A copy of Gazette notification, G.S.R. No. 938 (E), dated 27th December, 2012, giving effect to these amendments is enclosed.

3. For the sake of clarity, the old and new explanations 1 and 3 are reproduced as under highlighting the changes made therein:

4. Sub rule 13-A regulates the grant of family pension to a military pensioner after his re-employment in a civil service or a civil post. Grant of two family pensions had been prohibited under this sub rule. Similarly, sub rule 13-B prohibits grant of two family pensions to a person who is already in receipt of Family Pension or is eligible therefor under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government. The sub-rules 13-A and 13-B have since been omitted vide the above mentioned Gazette notification.

5. It is clarified that financial benefits in past cases will accrue with effect from 24th September, 2012.

6. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

Sd/-

(Sujasha Choudhury)

Deputy Secretary of the Govt. of India