For the Central Government, this situation is covered under Rule 54 of the Central Civil Services (Pension) Rules, 1972. And, the answer is “yes”, i.e., 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. This is covered in sub-rule (11) of Rule 54, which is reproduced below:
“(11) In case both wife and husband are Government servants and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely, –
(a) (i) if the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3), the amount of both the family pensions shall be limited to forty-five thousand rupees per mensem;
(ii) if one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3), and in lieu thereof the family pension at the rate mentioned in sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to forty-five thousand rupees per mensem;
(b) if both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two family pensions shall be limited to twenty-seven thousand rupees per mensem.
Footnote: Clauses (a) and (b) of sub-rule (11) substituted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.”
What this sub-rule basically implies is that either Husband or Wife is entitled for family pension in addition to his / her own pay or pension, if the spouse dies. And, in the case of demise of such husband /wife also, who was receiving family pension for the demise of his/her spouse, the child / children of the deceased parents can also be granted two family pensions subject to the limits prescribed.
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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