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Extension of family pension benefits to post-retiral spouses under WBS (DCRB) Rules, 1971, and Family Pension Scheme, 1965

Memo no. 1996-F(Pen) Dated: 27-09-1991 Finance Department Govt. Of West Bengal

Summary: West Bengal Finance Department Memorandum No. 1996-F(Pen) (dated September 27, 1991, with retrospective effect from April 1, 1965) extends the benefit of family pension to post-retiral spouses following a Supreme Court judgment. The order removes the prior restriction under Rule 7(2) of WBS (DCRB) Rules, 1971, granting eligible post-retiral spouses family pension starting from the day following the pensioner's death, while also permitting the disbursement of lifetime arrears to legal heirs if an eligible spouse dies prior to receiving the benefit.

Government of West Bengal

FINANCE DEPARTMENT
AUDIT BRANCH
Pension Cell
"Hemanta Bhavan" (Top Floor)
12 B.B.D. Bag (East) Calcutta-1

No. 1996-F(Pen) Dated Calcutta, the 27th September, 1991

MEMORANDUM

Sub.: Extension of benefit of family pension to the post-retiral spouses.

Under the existing rules of State Government vide 'Note' below Rule 7(2) of WBS (DCRB) Rules, 1971, marriage after retirement is not recognized for the purpose of family pension. Similar provision also existed in the relevant Rules of the Government of India, i.e. C.C.S. (Pension) Rules, 1972. Following Hon'ble Supreme Court's Judgement, Government of India have amended their Rules to the extent that the post-retiral spouses will also be eligible for family pension. State Government has been contemplating making similar provision in the State Government Pension Rules.

  1. The Governor, after careful consideration, has now been pleased to decide that the benefit of family pension payable under Family Pension Scheme, 1965 and WBS (DCRB) Rules, 1971 will also be admissible to the post-retiral spouses. The person eligible for such family pension will receive the same from the date following the date of death of the pensioner.

  2. This shall be deemed to have taken effect from 1.4.65.

  3. Life time arrears of family pension, wherever admissible in respect of the deceased post-retiral spouses would also be paid to their legal heirs where the spouse eligible for family pension was alive on the date of eligibility and who died subsequent to that date, for the period from the date of eligibility to the date of death.

  4. The sanction of family pension and its payment will be regulated in accordance with the procedure laid down in the relevant rule which was in force at the time of retirement of the pensioner concerned.

  5. Relevant rules in this respect shall be deemed to have been amended to the extent of this order. Formal amendment of rules will be made in due course.

Sd/-
S. K. Chakrabarti

O.S.D. & Ex-officio
Joint Secretary to the
Government of West Bengal
Finance Department

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