CCS (Pension) Rules, 1972
Rule 54(14)(b)—Family—Definition of—A son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, could not be included within the definition of ‘family’ under Rule 54(14)(b) of the CCS (Pension) Rules. [Hindu Adoptions and Maintenance Act, 1956, Section 12]
[Para 11.1]
Rule 54(14)(b)—Family pension—Entitlement—A son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, could not be included within the definition of ‘family’ under Rule 54(14)(b) of the CCS (Pension) Rules and, therefore, not entitled to receive family pension payable under the said Rules. [Hindu Adoptions and Maintenance Act, 1956, Section 12]
[Paras 11 to 14]
Rule 54(14)(b)—Family—Definition of—Where a child is born to deceased 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—Former category of heirs are covered under the definition of family since such a child would be a posthumous child of deceased government servant—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.
[Para 14]
Rule 54(14)(b)—Family—Definition of—Definition of the word “family” in relation to a government servant means various categories of persons coming within the nomenclature of the word “family” and all persons who would have had a familial relationship with the government servant during his lifetime—Any other interpretation would lead to abuse of the provision in the matter of grant of family pension.
[Para 14]
Statutes
Interpretation—In construing a word in a statute, caution has to be exercised in adopting a meaning ascribed to that word or concept in another statute.
[Para 15]