Eligibility of Divorced Daughter of Armed Forces Personnel for Grant of Family Pension

Eligibility of Divorced Daughter of Armed Forces Personnel for Grant of Family Pension

As per Ministry of Defence (MoD) letter of September 2015, presently only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.

The Government has been receiving grievances from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of a Government employee/pensioner had been instituted in the competent court during the life time of one or both but none was alive by the time the decree of divorce was granted by the competent authority.

The matter has been examined and it has been decided vide Ministry of Defence letter dated 17 November 2017 to grant family pension to a divorced daughter of Armed Forces personnel in such cases where the divorce proceedings has been filed in a competent court during the life time of the employee/pensioner or his/her spouse but divorce took place after their death - provided that the claimant fulfils all other conditions for grant of family pension. In such cases, the family pension will commence from the date of divorce.

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Time limit fixed for filing Appeal for grant of Family Pension

Time limit fixed for filing Appeal for grant of Family Pension

Time limit fixed for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

Department of Ex-Servicemen welfare has extended  the time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

No.1(3)/2008/D(Pen/Pol)

Ministry of Defence

Department of Ex-Servicemen welfare

New Delhi

Dated: 17th May 2016

To
The Chief of the Army Staff
The Chief of the Air Staff
The Chief of the Naval Staff

Subject: Prescription of time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

It has been observed that Service Hqrs are processing the appeal case files-(First Appeal/ 2nd Appeal) for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/War injury pension/ element etc after elapse of considerable time from the date of rejection of claim/ date of discharge or invalidment of the personnel from Service.

2. The matter has been under consideration of this Ministry for quite some time and President of India is pleased to decide that, a time limit of five years is prescribed for filing an appeal for consideration of the case for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension, disability/war injury pension/ element etc from the date of discharge/ invalidment from service or from the date of rejection of claim. The time limit of five years prescribed in this order is applicable in the case of belated appeal only and the period of six months prescribed in the Pension Regulation and Entitlement Rules etc for filling appeals in respect of disability/ war injury element, special Family Pension etc would continue to be governed under the existing provisions.

    3. The time limit of five years prescribed now will not be applicable in the case of delayed manifestation of disease and all such cases would continue to be governed under the existing previsions provided under regulation 86 of Pension Regulation for Army Part. I [2008].

    4. Para 1(a)(vi) of Ministry of Defence Order No.4684/DIR(PEN)/2001 dated 14th August 2001 and Para 2(c) of Ministry of Defence letter No. 4684/Dir(Pen)/2001 dated 7th November 2001 maybe modified as “Time bar sanction for filing appeals for all type of Family Pension and disability/War injury pension/ element etc in respect of officers and PBORS beyond twelve months to five years”.

    5. A period of one year from the date of issue of this order is granted for submission of the appeal in respect of past cases. This one time relaxation may be allowed judiciously in deserving cases.

    6. This issue with the concurrence of Finance Division of this Ministry Vide their ID No PC-2 to 26(7)/2013/Fin/Pen dated 13/14 April 2016.

    Hindi version will follow.

    Yours faithfully,

    (R K Arora)

    Under Secretary to the Government of India

Download DESW circular No.1(3)/2008/D(Pen/Pol) dated 17.05.2016

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