Section 47(11) in The M.P. Civil Services (Pension) Rules, 1976
(11)In case both wife and husband are Government servants and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted two family pensions in respect of the deceased parents subject to the limits specified below, namely :-(a)(i)If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3), the amount of both the pensions shall be limited to Rs. 500 (five hundred rupees) per mensem.(ii)If one of the family pension ceases to be payable at the rate mentioned in sub-rule (3), in lieu thereof the pension at the rate mentioned in sub-rule (2) become payable, the amount of both the pensions shall also be limited to five hundred rupees per mensem;(b)If both the family pensions are payable at the rate mentioned in sub-rule (2), the amount of two pensions shall be limited to two hundred and fifty rupees per mensem;(c)[ (i) If a person, who in the event of death of Government servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him. [Inserted by Notification No. FB-6-7-81-R-II-IV, dated 10-6-81 (w.e.f. 24-7-1981).](ii)If on the conclusion of the criminal proceedings referred to in sub-clause (i) the person concerned :-(a)is convicted for the murder or, abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the Government servant;(b)is acquitted of the charge of murder or abetting in the murder of the Government servant, the family pension, shall be payable to such person from the date of death of the Government servant.(iii)The provisions of sub-clause (i) and sub-clause (ii) shall also apply to the family pension becoming payable on the death of a Government servant after his retirement.]
