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August 2026

Allied Laws

By Dr. K. Shivaram, Senior Advocate, Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 9 mins

20. Union of India & Anr. v. The Registrar, Central Administrative Tribunal & Anr. 2026 LiveLaw (Mad) 308 July 3, 2026

Family pension – Step-son – Definition of “family” – Nomination for gratuity does not confer eligibility for family pension – Step-son not entitled to family pension. [Railway Services (Pension) Rules, 1993, R.70, 75]

FACTS

The second respondent was the step-son of a Railway employee who died in service. He claimed a family pension under the Railway Services (Pension) Rules, 1993.

The gratuity payable to the deceased employee had already been settled in his favour under Rule 70. The Central Administrative Tribunal granted a family pension to the respondent by relying upon the said provision.

The Railways challenged the order of the Tribunal before the High Court.

HELD

The Court held that the entitlement to family pension must be determined strictly in accordance with the definition of “family” under rule 75 of the Railway Services (Pension) Rules.

Though a Government servant may nominate any person for the receipt of gratuity, family pension can b

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