Pension – Family Pension – Entitlement to – Deceased husband of Respondent no.1, whether governed by the New Contributory Pension Scheme of 2005 or the Old Pension Rules of 1950 – Held: When the husband of Respondent no.1 came to be absorbed in government service, the Old Pension Rules were already abolished, and the New Pension Scheme was in existence – He was, therefore, governed by the New Pension Scheme which, however, did not provide for family pension – Respondent no.1 accordingly not entitled to family pension – Bihar Pension Rules, 1950 – Bihar Government Servant Contributory Pension Scheme, 2005. Allowing the appeals, the Court
HELD:1. The husband of respondent No. 1 came to be absorbed in the government service in the year 2014 w.e.f. 02.03.2009. Till 02.03.2009, he remained the employee of the Bihar Research Society, of which he was an employee and working. The Old Pension Rules, 1950 came to be abolished and the New Contributory Pension Scheme came to be introduced w.e.f. 01.09.2005. Under the New Contributory Pension Scheme, there is no provision for pension/family pension. As per the Scheme, all those who are appointed after 31.08.2005 shall be governed by the New Contributory Pension Scheme. Therefore, at the time when the husband of respondent No. 1, who died in the year 2013, was absorbed, the Old Pension Rules were abolished and the New Contributory Pension Scheme was in existence. As per the corrigendum issued in the appointment order and as per clause 6, the prior service rendered by the concerned employee prior to his absorption shall not be treated as a government service. Therefore, the husband of respondent No. 1 can be said to be a government servant and in government service w.e.f. 02.03.2009 only. Therefore, the husband of respondent No. 1 was governed by the New Contributory Pension Scheme under which there is no provision for the pension/family pension. Therefore, the High Court has committed a grave error in directing the appellant to pay the family pension to respondent No. 1 applying the Old Pension Rules, which were applicable prior to 31.08.2005. The aforesaid aspect has not been considered by the High Court at all and the Single Judge simply considered that on the death of the husband of respondent No. 1, who died in harness while in service, respondent No. 1 is entitled to the family pension under family pension scheme. However, the High Court has not at all considered that on coming into force the New Contributory Pension Scheme, no government employee appointed after 31.08.2005 shall be entitled to any other benefit except under the New Contributory Pension Scheme. In that view of the matter, respondent No. 1 shall not be entitled to the family pension under the Old Pension Rules, which were not applicable at the time when the husband of respondent No. 1 came to be absorbed in the government service w.e.f. 02.03.2009. [Para 6][288-D-H; 289-A-C]
2. Accordingly, the judgments and orders passed by the Single Judge as well as the Division Bench of the High Court holding that respondent No.1 shall be entitled to the family pension under the Old Pension Rules are hereby quashed and set aside. It is observed and held that as the husband of respondent No. 1 was absorbed in the government service only w.e.f. 02.03.2009, he shall be governed by the New Pension Scheme i.e., Bihar Government Servant Contributory Pension Scheme, 2005. [Para 7][289-C-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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