Female Govt Employees Can Nominate Children instead of Husband for Family Pension in Legal Disputes – DoPT Order 28.3.2025

The Department of Personnel and Training (DoPT), through its order dated March 28, 2025, has announced an important provision concerning family pension entitlement. If a Female Govt Employees or pensioner is involved in ongoing divorce proceedings, or has filed a case against her husband under the Domestic Violence Act, Dowry Prohibition Act, or Indian Penal Code, she may nominate her eligible child or children to receive the family pension, instead of the husband, after her death.

This decision ensures protection of her interests and those of her children. The order also extends the provisions of the earlier Office Memorandum dated January 1, 2024, issued by the Department of Pension & Pensioners’ Welfare, to cover All India Services personnel mutatis mutandis.

Female Govt Employees Can Nominate Nominate Children instead of Husband for Family Pension

No.25014/01/2024-AIS-II(Pension)
Government of Inia
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 28th March, 2025

To
The Chief Secretaries of
All States/Union Territories

Subject: Allowing female AIS officers/pensioners to nominate her child/children for family pension in precedence to her husband in the event of marital discord leading to filing of divorce proceedings in a Court of Law or filing of a case under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or Indian Penal Code.

Sir/Ma’am,

I am directed to say that, as per Rule 22 of All India Services (Death-cum-Retirement Benefits) Rules, 1958, if a deceased member of service or pensioner is survived by a spouse, family pension is first granted to the spouse, and the children and other family members become eligible for family pension, on their turn, only after the spouse of the deceased member of service/pensioner becomes ineligible for family pension or dies.

2.In pursuance of Department of Pension & Pensioners’ Welfare (DOP&PW) vide O.M. No.1/1(1)/2023-P&PW(E) dated 01.01.2024 (copy enclosed), it has been decided that in case divorce proceedings in respect of a female member of service/female pensioner are pending in a Court of Law, or the female member of service/female pensioner has filed a case against her husband under Protection of Women from Domestic Violence Act or under Dowry Prohibition Act or under Indian Penal Code, such female member of service/female pensioner may make a request for grant of family pension after her death to her eligible child/children, in precedence to her husband.

The provisions of the aforementioned O.M. dated 01.01.2024 of Department of Pension & Pensioners’ Welfare are hereby extended mutatis mutandis to members of All India Services.

Enclosed: (1)

Yours faithfully,
(Bhupinder Pal Singh)
Under Secretary to Government of India

Copy to:

1. The Secretary, Ministry of Home Affairs, North Block, New Delhi
2. The Secretary, Ministry of Environment, Forest & Climate Change, Paryavaran Bhawan, CGO Complex, New Delhi
3. All Ministries/Department of Government of India
4. Chief Controller (Pension), Central Pension Accounting Office, Department of Expenditure, Trikoot-II, Bhikaji Cama Place, New Delhi-110066
5. Accountants General of All State Governments

View the DoPT Order pdf