Regarding family pension in indian railway.

Querist : Anonymous (Querist) 08 June 2024 This query is : Resolved
An unmarried daughter of a deceased government employee of Indian railway applied for family pension as she is the only claimant for the family pension as a unmarried dependent daughter.

She is also working in a state government department through contractor on daily basis since long time.

Is any legal bar/condition/limitation to get said family pension ?

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T. Kalaiselvan, Advocate Online

(Expert) 08 June 2024
Sub Rule 6(iii) of Rule 54
(ii) The family pension is payable to the unmarried/ widowed/divorced daughters above the age of 25, after all unmarried children have attained the 25 years of age or started earning their livelihood whichever is earlier.
ELIGIBILITY OF CHILDREN
(i) Family pension to the children shall be payable in the
order of their birth and the younger of them will not be
eligible for family pension unless the elder next above
him/her has become ineligible for the grant of family
pension.
Sub Rule 8(iii) of Rule 54
(ii) Where the family pension is payable to twins, it shall be
paid to such children in equal share.
Sub Rule 7(d) of Rule 54
(iii) In the case of an unmarried son family pension will be
payable until he attains the age of 25 years or until he
gets married or until he starts earning his livelihood,
whichever is the earliest.
Sub Rule 6(ii) of Rule 54
(iv) In case both wife and husband are govt. servant, the
surviving child or children shall be granted the two
family pensions in respect of the deceased parents.
Sub Rule 11 of Rule 54
(v) Family pension admissible to a beneficiary in respect of
one deceased employee or pensioner is not to be
counted as income for the purpose of determination
of eligibility for another family pension which is
admissible in connection with another deceased
employee or pension.
OM No. 1/11/2011-P&PW Dated 30/11/2011

kavksatyanarayana (Expert) 08 June 2024
Does the unmarried daughter have siblings and mother? If her mother is alive and there are unmarried/widowed/divorced sisters she is not eligible for a pension.

Sudhir Kumar, Advocate (Expert) 09 June 2024
daughter and son are eligible for pension only if they are of employed (not earning even 9000 rs per month).

daughter unmarried/widow/ divorced for entire life

son unmarried till age of 25 (unless incapable of earning)

SIVARAMAPRASAD KAPPAGANTU (Expert) 10 June 2024
1. She is the only claimant.
2. What's her Age? Is she married?
Once questions under point 2 above are replied to, please follow the elaborate clarification given by Expert Shri T. Kalaiselvan.

SIVARAMAPRASAD KAPPAGANTU (Expert) 10 June 2024
An unmarried daughter is eligible for family pension until she gets married or attains the age of 25 years, whichever is earlier.

P. Venu (Expert) 11 June 2024
What about the wife of the deceased railway employee? What is the annual income of the unmarried daughter from all sources?

Sudhir Kumar, Advocate (Expert) 08 July 2024
if the daughter is already employed for rs 9000 p.m. or more she is not entitled for family pension.