In so far as the Central Government is concerned, in a recent reply [Family pension on death of both husband and wife], I have already replied that under Rule 54 of the Central Civil Services (Pension) Rules, 1972, children are entitled to get two family pensions (i.e., in respect of their both parents, who were Central Govt servants and died) subject to certain limits and also subject to other normal conditions. Please read the above reply for more details.
As for the State Government, you have to check its rules and other guidelines. In fact, you have not even named the State Government. Check its Pension Rules or other related rules / guidelines. You should not depend on what a clerk is saying. He may not know the full rules, or he may be expecting some illegal gratification for helping you. Go through the relevant rules and if needed, file RTI application to get copies of the relevant guidelines. Since you would be claiming only one family pension from the State Government (the other one coming from the Central Government), most likely there should not be any problem in this regard; however, it has to be confirmed from the rules concerned.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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