Child adopted by widow of govt servant not entitled for family pension: Supreme Court

New Delhi: The Supreme Court on Tuesday held that a child adopted by a widow of a government servant after her husband’s demise would not be entitled for family pension.

The top court noted that Sections 8 and 12 of the Hindu Adoptions and Maintenance Act, 1956 permits a female Hindu who is not a minor or of unsound mind, to adopt a son or daughter in her own right.

It said the provision requires that a female Hindu who has a husband, shall not adopt except with the express consent of her husband. However, no such pre-condition is applicable in relation to a Hindu widow; a divorced female Hindu; or a female Hindu whose husband has, after marriage, finally renounced the world or has been declared by a court of competent jurisdiction to be of unsound mind. A bench of justices KM Joseph and BV Nagarathna upheld the Bombay High Court order of November 30, 2015, which had held that under the Rule 54 (14) (b) of the Central Civil Services (Pension) Rules, 1972 (CCS (Pension) Rules) the adopted child would not be entitled for the family pension. The bench said, “The provision could not be as expansive as suggested by the counsel for the appellant (Shri Ram Shridhar Chimurkar). It is necessary that the scope of the benefit of family pension be restricted only to sons or daughters legally adopted by the government servant, during his/her lifetime. The definition of ‘family’ is narrowly worded under the CCS (Pension) Rules, in the specific context of the entitlement to ‘family pension’ and in relation to the government servant.”

It said the word “adoption” in Rule 54(14)(b)(ii) of the CCS (Pension) Rules, in the context of grant of family pension, must be restricted to an adoption made by a government servant during his/her lifetime and must not be extended to a case of adoption made by a surviving spouse of the government servant after his/her death.

The top court said, “This is because the object of the provision is to lend succour to a son till he attains the age of 25 years and unmarried or widowed or divorced daughter; similarly to the adopted son or unmarried adopted daughter when such an adoption had been made by the government servant during his/her lifetime.”

It added that a case where a child is born to the government servant after his death has to be contrasted with a case where a child is adopted by the widow of a government servant after his death. “The former category of heirs is covered under the definition of family since such a child would be a posthumous child of the deceased government servant. The entitlement of such a posthumous child is wholly distinct from a child being adopted subsequent to the demise of the government servant by the surviving spouse. The

reason for the same is not far to see,” the bench said.