New Delhi: The Ministry of Personnel, Public Grievances & Pensions under the Department of Personnel & Training (DoPT) has said that female AIS officers and pensioners can nominate her child/children lor lamily pension in precedence to her husband in the event of marital discord leading to divorce proceedings.
The DoPT rule issued on 28 March 2025 with the subject line, “Allowing female AIS officers/pensioners to nominate her child/children or family pension in precedence to her husband in the event of marital discord leading to divorce proceedings in a Court of Law or filing of a case under Prolection of women from violence Act or Dowry Prohibition Act or lndian Penal Code.”
“…it has been decided that in case divorce proceedings in respect of a female member of service/female pensioner are pending in a court of law, or the female member of service/female pensioner has filed a case against her husband under Protection of Women from Domestic Violence Act or under Dowry Prohibition Act or under Indian Penal Code, such female member of service/female pensioner may make a request for grant of family pension after her death to her eligible child/children, in precedence to her husband,” said the DoPT order.
As per Rule 22 of All India Services (Death-cum-Retirement Benefits) Rules, 1958, if a deceased member of service or pensioner is survived by a spouse, family pension is first granted to the spouse, and the children and other family members become eligible for family pension, on their turn, only after the spouse of the deceased member of service/pensioner becomes ineligible for family pension or dies.
Previously, the provisions were meant for government employees through of the O.M. dated 01.01.2024 of Department of Pension & Pensioners’ Welfare. The same provisions are hereby extended mutatis mutandis to members of All India Services, said the latest rule/ammendment.
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