Whether nomination is necessary for family pension?
With regard to grant of family pension nomination is not necessary it has also been held by the Hon'ble Supreme Court in the case reported in G.L. Bhatia v. Union of India and Anr. . After considering Rule 54 of the Central Civil Service (Pension) Rules as under:
"2. The sole question that arises for consideration in this appeal is whether the appellant, who happens to be the husband of the deceased Government servant, is entitled to family pension under the provisions of the Central Civil Services (Pension) Rules (for short "the Rules") notwithstanding the fact that the deceased wife in her nomination did not include the husband. The forums below have taken the view agreeing with the authorities that since the nomination was not in favour of the husband and the husband was staying separate from the wife, the husband would not be entitled to family pension in question. This view cannot be sustained in view of the provisions contained in Rule 54 of the Rules. It is too well settled that where rights of the parties are governed by statutory provisions, the individual nomination contrary to the statute will not operate.
Madhya Pradesh High Court
Smt. Girijabai vs State Of M.P. And Ors. on 8 April, 2008
Equivalent citations: 2008 (3) MPHT 83
Bench: S Gangele
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