Govt Amends 50-Year-Old Rule That Suspended Pension in Case of 'Murder Most Foul' Inside the Family

The rule was applied in a sordid case of a murder inside the family of a government pensioner by spouse or kin, wherein the person was eligible to get the ‘family pension’.

New Delhi: After almost 50 years, the government implemented a new change saying the payment of family pension will not be suspended where a person eligible to receive family pension is charged with the offence of murdering the government servant or for abetting in the commission of such an offence.

The rule dated back to 1972, was applied in a sordid case of a murder inside the family of a government pensioner by his spouse or kin, were in the person was eligible to get the ‘family pension’ after the pensioner passed away. Many viewed such ‘murders most foul’ as ‘killing of the goose that laid the golden egg’.

In such cases, the family pension was “suspended” by the government till the criminal case was decided either way, as per the report in Money Control. If the accused was acquitted, the family pension was resumed to him or her with arrears. If the accused was convicted, the pension was resumed to the next eligible member of the family with arrears as well. However, the languishing cases in Indian courts proved difficult for the rest of the family.

What does the new rules say?

On June 16, the government has changed this rule and said the family pension will not be suspended in such cases but will be given immediately to the next eligible member of the family (other than the accused), be it the children or parents of the deceased. “The provisions have been reviewed in consultation with the Department of Legal Affairs,” the new order states.

According to new orders, if the accused is subsequently acquitted of the murder charge, the family pension shall become payable to him or her from the date of such acquittal and the family pension to the other member of the family shall be discontinued from that date.

 “If the spouse of the government servant is charged with the offence, and the other eligible member is a minor child of the deceased government servant, the family pension to such minor child shall be payable through a duly appointed guardian, and the mother or father of the minor child (who is charged with the offence) shall not act as guardian for the purpose of withdrawal of family pension,” the order further says, as abundant caution.