Section 62 in Rajasthan Civil Services (Pension) Rules, 1996
62. Amount of family pension.
- [(i) Family pension shall be admissible @ 30% of emoluments subject to a minimum of Rs. 3025/- per month and maximum of 30% of the highest pay in the Government (the highest pay in the Government is Rs. 77000/- since 1.9.2006.).] [Substituted by Notification No. G.S.R. 111A, dated 12.9.2008 (w.e.f. 18.9.1996).](ii)(a)Where a Government servant who is not governed by the Workmen's Compensation Act, 1923 as amended from time to time dies while in service after having rendered not less than 7 years continuous service prior to his death, the family pension payable shall be at 50% of the emoluments last drawn or twice the amount of family pension admissible under sub rule (i) whichever is less.(b)Where a Government servant who is governed by the Workmen's Compensation Act, 1923 as amended from time to time dies while in service after having rendered not less than 7 years continuous service prior to his death, the family of such a Government servant shall also be entitled to the family pension equal to 50% of the pay last drawn or one and a half times the family pension admissible under sub rule (i), whichever is less:Provided that where compensation is not payable to a Government servant under the aforesaid Act, the pension sanctioning authority shall send a certificate to the Director, Pension Department, Rajasthan to the effect that the family of the deceased Government servant is not eligible for any compensation under the aforesaid Act and in such a case the family of such a Government servant shall be entitled to family pension as admissible in sub rule (ii) (a).(iii)The amount of family pension at enhanced rates under sub rule (ii) in respect of Government servants who retired/retire on or after 1st October, 1996 or died/die while in service on or after 1st October, 1996, shall be payable:-(a)in the event of death of a Government servant while in service for a period of seven years following the date of death or till the date on which the deceased Government servant would have attained the age of 65 years had he survived, whichever period is shorter;(b)Where a Government servant who is governed by the Workmen's Compensation Act, 1923 as amended from time to time dies while in service after having rendered not less than 7 years continuous service prior to his death, the family of such a Government servant shall also be entitled to the family pension equal to 50% of the pay last drawn or one and a half times the family pension admissible under sub rule (i), whichever is less:Provided that where compensation is not payable to a Government servant under the aforesaid Act, the pension sanctioning authority shall send a certificate to the Director, Pension Department, Rajasthan to the effect that the family of the deceased Government servant is not eligible for any compensation under the aforesaid Act and in such a case the family of such a Government servant shall be entitled to family pension as admissible in sub rule (ii) (a).(iii)The amount of family pension at enhanced rates under sub rule (ii) in respect of Government servants who retired/retire on or after 1st October, 1996 or died/die while in service on or after 1st October, 1996, shall be payable:-(a)in the event of death of a Government servant while in service for a period of seven years following the date of death or till the date on which the deceased Government servant would have attained the age of 65 years had he survived, whichever period is shorter;(b)in the event of death after retirement, the family pension at the enhanced rates indicated in clause (ii) shall be payable till the date on which the deceased government servant would have attained the age of 65 years, had he survived, or for seven years, whichever period is shorter, but in no case the amount of family pension shall exceed the pension sanctioned to the Government servant at the time of retirement. However, in cases where the amount of family pension as admissible under sub rule (i) exceeds the pension sanctioned at the time of retirement, the amount of family pension sanctioned under this clause shall be the amount of family pension admissible under sub rule (i). The pension sanctioned at the time of retirement shall be the pension inclusive of the part of pension which the retired Government servant may have commuted before death; and(c)after the expiry of the period referred to in clause (a) and (b) above, the pension payable will be at rates laid down in sub rule (i).(iv)[ Notwithstanding anything contained in clause (ii) and (iii), the amount of family pension in the case of parent shall be as admissible in clause (i).] [Inserted vide FD Notification No.F.15(3)FD(Rules)/97 dated 8.8.2000.]Notes. - (1) In the case of a Government servant who dies while on extension of service, the date upto which the extension of service had been sanctioned to him before his death, will be deemed to be the normal date of superannuation.(2)The amount of Family Pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee.(3)The commutation of pension by a pensioner has no effect on the quantum of family pension.(1)[ Government of Rajasthan's Decision [Inserted vide FD Memorandum No.F.15(3)FD(Rules)/98 dated 1.6.1998.]Grant of Exgratia Payment to widows of deceased contributory Provident Fund Retirees. - The undersigned is directed to invite attention towards FD Memorandum No.F.1(35)FD(Gr.2)/87 dated 2.7.1991 and 2.7.1992 vide which alive widows of Jodhpur CPF retirees / beneficiaries who died while in service were granted Exgratia payment at the rate of 150/- per month plus Dearness Relief as may be sanctioned from time to time. Besides this, these widows of CPF retirees were also allowed first, second and third Interim Relief Allowed to the State Pensioners.Consequent upon revision of pay scales of the State Government employees the pension of the State Pensioners Family Pensioners have been consolidated and they are being allowed payment of Dearness Relief at the revised rates on consolidated pension.Accordingly, the Governor is pleased to order that the Exgratia payment admissible to the aforesaid widows may be consolidated to Rs.572/- by mergings the amount of Exgratia payment, Dearness Relief thereon at the rate in force as on 1.1.1996 plus amount of first, second and third Interim Relief. On this consolidated amount of Exgratia payment.Dearness Relief as may be sanctioned from time to time to the State Pensioners shall be admissible to them. This order shall deemed to have come into force with effect from 1.7.1997.](2)[ Government of Rajasthan's Decision [Inserted vide FD Memorandum No.F.15(2)FD(Rules)/98 dated 15.4.1999.]The undersigned is directed to say that in accordance with the provisions contained in Finance Department Notification No.F.15(3)FD(Rules)/97 dated 21.3.1998, the family pension, w.e.f. 1.9.1996, shall be calculated at a uniform rate of 30% of basic pay in all cases instead of slab system and shall be subject to a minimum of Rs. 1275/- per month and a maximum of 30% of the highest pay in the Government (the highest pay in the Government is Rs. 22400/- since 1.9.1996). It has been decided by the Government that the benefit of the aforesaid enhanced rate of family pension may also be extended in the case of pre-96 pensioners/ family pensioners w.e.f. 1.9.1996. Accordingly it has been provided in this Department Memorandum No.F.15(2)FD(Rules)/98 dated 21.3.1998 regarding revision of pension/ family pension of pre-1996 retirees that the consolidated family pension worked out in accordance with provisions of this Memorandum shall be final in the case of only those family pensioners who became entitled for family pension during the period from 1.9.1988 to 31.8.1996 and were sanctioned family pension at the rate of 30% of the last pay drawn by the pensioner/deceased employee and that in case of other pensioners/ family pensioners, consolidation of pension should be treated as an interim measure to provide them immediate relief. Subsequently orders have been issued for revision of pension/ family pension of pre-1988 pensioners/ family pensioners w.e.f. 1.9.1996 vide this Department Memorandum No.F.15(5)FD(Rules)/98 dated 11.6.1998 wherein provision for sanction of family pension @30% has already been made.
