Supreme Court says an adopted child cannot be included within a family under Rule 54(14)(b) of the Central Civil Services Rules, 1972

While hearing Shri Ram Shridhar Chimurkar vs Union of India case, the Supreme Court stated that the said definition of ‘family’ under CSS (Central Civil Services) (Pension) Rules, 1972 is a restrictive and specific one and cannot be expanded. Moreover, the present case pertains not merely to a question as to the capacity of a Hindu widow to adopt but involves issues of entitlement of a child adopted by a Hindu widow, to a family pension payable to certain categories of legal heirs of a deceased government servant. The Supreme Court bench comprising Justice K.M. Joseph and Justice B.V. Nagarathna highlighted that a case where a child is born to the 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.

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In this case, Shridar Chimurkar, who was serving as a Superintendent in the office of Deputy Director and HO National Sample Survey Organization and was retired on attaining superannuation. He died issueless and his wife thereafter adopted a child (appellant). The claim of the appellant was rejected by the respondents on the ground that children adopted by a widow of a government servant, after the death of the government servant would not be entitled to receive a family pension. The appellant filed an Original Application, before the Central Administrative Tribunal. Aggrieved by the judgment and order of the Tribunal, the respondents challenged the same by filing a Writ Petition. The Central Administrative Tribunal allowed the appeal and directed the Respondents to consider the Appellant’s claim for family pension by treating him as the adopted son of the deceased government employee. The High Court allowed the said Writ Petition and reversed the judgment and order passed by the Central Administrative Tribunal. Later the case was presented before the top Court and the present appeal was dismissed further the High Court’s judgment was affirmed. 

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