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Rule 54(14)(b) of The Central Civil Services (Pension) Rules, 1972 requires, ‘family’ member of a deceased Government Servant must have a close nexus with the deceased Government Servant. Therefore, a son or daughter adopted by a widow of a deceased Government Servant, after death of the Government Servant, could not be included within definition of ‘family’ under Rule 54(14)(b). It is necessary, scope of benefit of family pension be restricted only to sons or daughters legally adopted by a Government Servant during his/her lifetime and must not be extended to a case of adoption made by a surviving spouse after death of the Government Servant.
The entitlement of a posthumous child is wholly distinct from a child being adopted by a surviving spouse subsequent to demise of a Government Servant. Any other interpretation would lead to abuse of provisions.
– Hon’ble Justice B.V. Nagarathna, Shri Ram Shridhar Chimurkar v. Union of India, [Special Leave Petition (Civil) No. 21876 of 2017].
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