DoPT Order 28.03.2025 - Family Pension to Children Instead of Husband in Cases of Marital Discord

Summary:

Order Issued By:

Department of Personnel & Training (DoPT), Government of India

Dated: 28th March 2025

Subject: Allows female AIS officers/pensioners to nominate their child/children for family pension in precedence to their husband in cases of: Pending divorce proceedings in court

Filed cases under:

• Protection of Women from Domestic Violence Act
• Dowry Prohibition Act
• Indian Penal Code

Key Provisions:

• Amends Rule 22 of All India Services (Death-cum-Retirement Benefits) Rules, 1958.
• Based on DOP&PW OM No.1/1(1)/2023-P&PW(E) dated 01.01.2024.
• Female officers/pensioners must submit a written request to the Head of Office for children to be prioritized over the husband.
• Family Pension Disbursement Rules:
• If widower survives with no eligible children: Pension goes to widower.
• If widower survives with minor/disabled children: Pension goes to widower (if guardian); otherwise to the child’s actual guardian.
• If children are major and eligible: Pension goes directly to children.
• After children become ineligible, pension may revert to the widower (if no other eligible children exist).

Applicability:

• Extends to All India Services (AIS) officers/pensioners.
• Aligns with Central Civil Services (Pension) Rules, 2021 amendments.

Action Required:

• Chief Secretaries of States/UTs to implement the order.
• Ministries/Departments to notify attached offices and autonomous bodies.

Summary:

The DoPT’s 2025 order empowers female AIS officers/pensioners to prioritize children over husbands for family pension in cases of marital discord, including divorce proceedings or legal cases under Domestic Violence Act, Dowry Prohibition Act, or IPC. This amendment ensures financial security for children when the spouse is involved in legal disputes. The rules detail disbursement based on survivorship, eligibility, and guardianship, aligning with DOP&PW’s 2024 guidelines. A landmark move for women’s pension rights in government services.

Also read :Migration of DoT Pensioners Pension Drawing : Moving from Post Office to 'SAMPANN'

Also read :Amendment of Rule 8 of CCS (Pension) Rules 2021 – Withholding of benefits due to proceedings

Key Takeaways:

• Legal protection for female officers in abusive/divorce scenarios.
• Children gain precedence over estranged husbands for pension.
• Mandatory written request to Head of Office required.
• Applicable to All India Services (IAS, IPS, IFS).

Download DoPT OM No. No.2501 4/01 /2024-AlS-ll(Pension)  dated 28/03/2025 from Official Site

Keywords:

Family pension rules 2025

Female AIS officers pension

Divorce proceedings family pension

Domestic Violence Act pension

Dowry Prohibition Act pension

Indian Penal Code pension

Nominate children for family pension

Marital discord pension rights

Government pension for children