The Delhi High Court on Tuesday upheld the constitutional validity of rules that permit a childless widow of a deceased Central government employee to continue drawing family pension even after her remarriage, holding that the provision does not violate constitutional principles and serves a legitimate welfare objective.

A Bench comprising Justices Anil Kshetarpal and Amit Mahajan held that there was no infirmity in Rule 54 of the Central Civil Services (Pension) Rules, 1972, or Clause 8.6 of the Office Memorandum dated September 2, 2009.

The court observed that the provisions reflect a clear government policy aimed at extending financial support to the widow of a deceased employee even after remarriage, provided she does not have an adequate independent source of income.

“The object underlying the provision appears to be to encourage remarriage of widows while ensuring that the sacrifice made by members of the armed and paramilitary forces, in the interest of public order and societal welfare, does not leave their immediate dependents financially vulnerable. Such an object is not only legitimate but also laudable and bears a direct and rational nexus with the classification made under the Rules,” the Court said.

The Bench made these observations while dismissing a challenge filed by the parents of a Central Reserve Police Force (CRPF) personnel who died in the line of duty.

After the officer’s death, family pension was sanctioned in favour of his widow. The parents later approached the authorities seeking pensionary benefits following the widow’s remarriage, contending that her remarriage should disqualify her and transfer the entitlement to them as dependent parents.

They also questioned the constitutional validity of Rule 54 and a 2008 Office Memorandum, arguing that permitting a remarried widow to continue receiving family pension was arbitrary and discriminatory, especially when aged parents were excluded from the scheme.

Rejecting the plea, the High Court held that family pension is a statutory right regulated strictly by the applicable pension rules and does not operate as a matter of inheritance. The Bench clarified that under Rule 54, parents become entitled to family pension only in cases where the deceased employee is survived by neither a widow nor a child.