Tamil Nadu   

“Children of unmarried government servants eligible for family pension benefits”

CHENNAI: Children of unmarried government servants are eligible for family pension benefits, the Madras High Court has ruled.

“If the Pension Rules provide for family pension and Death-Cum-Retirement Gratuity (DCRG) benefits even to an illegitimate child born through an illegitimate wife on account of the death of the father and if amendments have been made to include the sons and daughters born to an illegitimate wife within the term ‘family,’ there is no reason why the State should deprive the same benefit to the children of an unwed mother,” observed Justice K. Chandru.

Directing authorities to finalise the family pension papers of minor S. Gowrishankar within four weeks, the Judge said it would be an awkward situation if the boy was permitted to inherit his biological father’s pensionary benefits as an illegitimate child, but denied similar benefits of his own mother for no fault of his.

The boy’s mother S. Indira Gandhi was an assistant in the Adi Dravidar Department at Villupuram. She died in harness in January 1997 after 14 years of service. The boy was born to her and an already-married person working in the Revenue Department.

Though a civil court at Gingee decreed the boy to be the legal heir of his mother, and other officials too recommended payment of pension to him, his claim was rejected on the ground that the family pension benefits to children of unmarried government servants had been cancelled. A Government Order dated September 13, 1996 amended the Tamil Nadu Pension Rules 1978 to include children born through illegitimate wife also as part of the family member of a government servant. But, it stated that the concession would not apply to children born to an unmarried government servant, as those persons are not included in the list of family members.

Rejecting arguments based on this G.O., Mr. Justice Chandru said, “In either case, the status of such children is not legally admitted…In the present case, minor Gowrishankar is the biological son of the late Indira Gandhi and by no stretch of imagination his claim can be excluded. It is ironical that minor Gowrishankar can inherit the pensionary benefits of his father Sathyanathan, whose marriage with Indira Gandhi was not valid, whereas he cannot inherit the pensionary benefits of his own biological mother.”

Pointing out that India is a signatory to the International Labour Organisation on the issue and enacted the Maternity Benefit Act 1961, Mr. Justice Chandru said: “The definition will clearly show that for the purpose of conferring maternity benefit, giving birth after a marriage is not relevant. The intention is to protect the mother and the child. If the child born to an unwed mother is denied the right of inheritance from his own mother, then there will be a likelihood of the child being not cared by society and becoming a vagrant, which can never be the intention of our Constitution-makers.”

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