VidhiSangh

Supreme Court of India · 17/01/2023

SHRI RAM SHRIDHAR CHIMURKAR versus UNION OF INDIA & ANR.

[2023] 1 S.C.R. 931 · 2023 INSC 49

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Summary

A retired central government servant died without children in 1994. In 1996 his widow adopted the appellant, and she remarried in 1998. The appellant then claimed family pension. The Tribunal allowed the claim, treating him under the Hindu Adoptions and Maintenance Act as the deceased's adopted son. The Bombay High Court reversed, and the Supreme Court affirmed. The HAMA Act governs an adoptee's rights within the adoptive family, not entitlements against the exchequer under the pension rules. In Rule 54(14)(b), 'family in relation to a government servant' requires a direct nexus and dependence during his lifetime. So an 'adopted' child means one adopted by the servant himself, unlike a posthumous child.

Issues

  1. Whether a child adopted by the widow of a government servant after his death falls within the definition of 'family' under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972 and is entitled to family pension.

Provisions considered

Held

Result

Civil Appeal No. 386 of 2023 dismissed and the Bombay High Court (Nagpur Bench) judgment dated 30.11.2015 in W.P. No. 2110 of 2003 affirmed; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 931.