Family Pension
These rules shall apply to all Government servants except—-
(a) persons paid at daily rates;
(b) Government servants not in whole-time employment;
(c) Members of the All-India Service;
(d) Members of the West Bengal Higher Judicial Service;
(e) Persons for whom special provision is made—
(i) by or under any law for the time being in force, or
(ii) by any agreement made with them.
(2) If any doubt arises as to whether these rules or any of them apply to Government servant, the matter shall
be referred to Governor whose decision thereon shall be final
“Family” includes the following relatives of Government servant namely :
for the purpose of a death gratuity
(i) wife in the case of a male officer,
(ii) husband in the case of female officer
(iii) sons including stepsons,
(iv) unmarried and widowed daughters (including stepdaughters),
(v) brothers below the age of 18 years and unmarried or widowed sisters,
(vi) father
(vii) mother
for the purpose of a family pension
(i) wife in the case of a male officer,
(ii) husband in the case of a female office,
(iii) minor sons including adopted sons,
(iv) unmarried minor daughters including adopted daughters,
(v) dependant parents
101- Application of these rules,-
(1) These rules, shall subject to the provisions of sub-rule (3), apply in case of death of a Government servant while in service,-
(a) who entered service on or after 1st April 1965; .or
(b) who was in service before 1st April 1965 and has not opted specifically not to come under this scheme, and who has rendered at least three years service.
(2) The benefit shall also be admissible in case of death after retirement, if at the time of death the retired officer was in receipt of a compensation, invalid, retiring or superannuation pension [or gratuity] provided the Government servant has completed three years service.
(3) These rules shall not be applicable to–
(a) persons who retired on or before the 1st April 1965 but may be re-employed on that date or thereafter;
(b) persons paid from contingencies;
(c) work-charged staff who have not been declared quasi-permanent and who are not in service with permanent status;
(d) Casual labourer;
(e) Contract Officers
105- Pension payable to one member of the family.– Subject to the provisions contained in the note under rule 104, the pension awarded under this scheme shall not be payable to more than one member of the Government servant’ s family at the same time. It shall first be admissible to the widow (s) / widower and then to the minor children and thereafter to mother and lastly to father.
In the event- of re-marriage or death of the widow/widower the pension shall be granted to the minor children through their natural guardian. In disputed cases however payments shall be made through a legal guardian.
SOURCE: West Bengal Services (Death-Cum-Retirement Benefit) Rules, 1971