Rules About Family Pension
Introduction of Family pension
The scheme relating to the grant of Family Pension was made under a statute. A person would be entitled to the benefit thereof subject to the statutory interdicts. From a bare perusal of the provisions contained in the Punjab Civil Services Rules, Volume 2 vis-a-vis the Family Pension Scheme.
The family pension is admissible, in case of death of employee while in service or after retirement on or after the first July, 1964, if at the time of death, the retired officer received compensation, invalid, retiring, or superannuation pension. The Family Pension won’t be admissible just in case of death after retirement if the retired employee at the time of death received gratuity only. In case of death while in commission a Government employee should have completed a minimum period of 1 year of continuous service without break.
Aim of family pension –
The purpose of the principles concerning family pension is to supply means of sustenance to the members of the family of the deceased employee. It is not unknown that not only the widow and youngsters but fairly often even the aged parents are hooked into their son for his or her livelihood. The provision for family pension has been made to help such dependents. There appears to be no valid basis for excluding the oldsters from the list of persons who should be entitled to the grant of family pension on the death of the employee.
Family Pension Scheme was formulated to afford further relief to the family of the deceased Government employees, i.e something quite what was contemplated within the Rules. However, wouldn’t mean that the dependents of these employees who were otherwise not eligible in terms of the principles would get the benefit thereunder. In other words, the eligibility clause must be satisfied so to enable the dependent of a Government employee to get the said benefit
Eligibility for Family Pension –
Thus, before an individual is often said to possess been acquired a right to get the advantages of 1964 Family Pension Scheme must satisfy the eligibility as envisaged under Family pension are often granted to the dependent of the deceased Government employee under the Family Pension Scheme only by way of an extra relief and not by independent. In other words, if an individual wasn’t a Government employee, the question of his dependent becoming entitled to the advantages of a family pension scheme wouldn’t arise.
The first question is who would be a Government employee within the meaning of the said scheme.
The second question would be, can the scheme be read independenty of the principles.
We say so because, in terms of the principles, the subsequent conditions precedent must be fulfilled before the advantage of family pension is often extended:
1. The worker must be a Government employee.
2. He must be used during a pensionable establishment.
3. He must become eligible to derive the benefit thereof.
A government employee is not eligible for family pension –
The matter concerning the grant of family pension is roofed by the Punjab Civil Services Rules Volume II Part I (for short, ‘the Rules’). In terms of the principles, Family Pension Scheme, 1964 was framed. The Rules which are relevant for this case, are as under :
“2.4. In the following cases no claim to pension is admitted :
(a) When a Government employee is appointed for a limited time only, or for a specified duty, on the completion of which he’s to be discharged.
(b) When an individual is used temporarily on monthly wages without specified limit of your time or duty; but a month’s notice of discharge should tend to such an individual and his wages must be purchased any period by which such notice falls in need of a month.
(c) When an individual’s whole time isn’t retained for the general public service, but he’s merely purchased work done, like Government Pleaders and Law Officers not debarred from private practice.
(d) When an employee holds another pensionable office, he earns no pension in respect of an office of the type mentioned in clause (c) or in respect of duties paid for by a compensatory allowance.
(e) When a Government employee serves under an agreement which contains no stipulation regarding pension, unless the competent authority specially authorizes him to count such service towards pension.
Note : The agreements should be so worded on preserve the inviolate and indefeasible right of state to switch the principles from time to time, at their discretion, so that no claim may arise to the advantage of the principles as they stood at the date when the agreement was executed.
Conditions as per Punjab civil service rule
3.12. The service of a Government employee doesn’t qualify for pension unless it conforms to the subsequent three conditions:
First -The service must be under Government.
Second- The employment must be substantive and permanent
Third -The service must be paid by Government. These three conditions are fully explained within the following rules.
Note. – The question of whether service during a particular office or department qualifies for pension or not is decided by rules which were effective at the time such service was rendered; Orders subsequently issued declaring the service to be non-qualifying, aren’t applicable with retrospective effect.