Allahabad High Court Rules Unmarried Sister Entitled to Family Pension, Orders Arrears With 6% Interest

Allahabad High Court Rules Unmarried Sister Entitled to Family Pension, Orders Arrears With 6% Interest

Lucknow, October 29 : The Allahabad High Court has ruled that an unmarried sister of a deceased government employee is entitled to family pension under the applicable Uttar Pradesh Retirement Benefits Rules, 1961, holding that statutory provisions cannot be overridden by government orders.

Justice Manish Kumar of the Lucknow bench granted relief to Shameen Khan, whose pension claim was rejected despite her deceased brother having nominated her in his service records. The authorities had denied her application by citing a December 2016 government order excluding unmarried sisters from pension eligibility.

The court set aside the rejection, observing that Rule 3(5) of the Uttar Pradesh Retirement Benefits Rules, 1961, includes unmarried and widowed sisters within the definition of family members. It directed the authorities to release pension arrears from May 15, 2024, along with 6% annual interest, within six weeks of receiving a certified copy of the judgment.

The ruling reinforces the legal principle that executive orders cannot supersede statutory service rules. Its application to other pension claims depends on the relevant eligibility provisions.

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