Respected Sir,
My father was a Central Government employee at IIT Kharagpur and passed away in June 2022.
I obtained a decree of divorce in December 2022 and thereafter became eligible as a divorced daughter for family pension.
The organization sanctioned family pension to me from 22.12.2022.
At the time of sanction, the organization informed me that family pension would continue until my remarriage or until my income exceeded the prescribed limit under Rule 50.
Based on AY 2025-26, the organization issued an amended order stating that my family pension was ceased with effect from 01.04.2024 as my income exceeded the minimum family pension plus Dearness Relief.
The organization has released arrears up to 31.03.2024.
My higher income during FY 2024-25 arose mainly from capital gains generated by selling shares purchased from my divorce settlement (alimony). It was not salary, business income or any recurring monthly source of livelihood.
My latest Income Tax Return (AY 2026-27) shows total annual income of only ₹37,750 (approximately ₹3,150 per month), which is far below the prescribed dependency limit.
I have no regular employment, no business income, no monthly pension and no recurring source of livelihood. Due to my financial condition, I am presently residing with my sister's family because I cannot afford independent accommodation.
I requested the organization to resume my family pension. The organization informed me that my request for resumption is under examination. But verbally accounts sections and admin people told me once ceased cannot be restored. They have taken my total income from sale of shares and divided by 12 months and saw that it's above 9000+ da which is the minimum threshold under CCS pension. The organization also have my as 26 computation sheet where only sale of buying and selling of shares is shown no employment no business no monthly credits are found still they have their own idea that income is income even if that's not recurring. I have also submitted a grievance before [company removed]. Also kindly note my family pension was sanctioned on paper in January 2026 where I applied for family pension in 2025. They have ceased my pension on the basis of financial year 2024-2025 income and never wanted to check my current year 2025-2026 income which is 37750 in a year. Without starting my family pension in reality they ceased it on paper just by going through my last year's income.
My legal questions:
Does Rule 50 of the CCS (Pension) Rules, 2021 permit restoration or fresh sanction of family pension when a divorced daughter's income, after exceeding the prescribed limit for one assessment year, subsequently falls below the dependency threshold?
Is there any DoPPW Office Memorandum, CCS Rule, CAT judgment, High Court judgment or Supreme Court judgment which specifically states that once family pension is ceased due to income exceeding the prescribed limit, it can never be restored?
If Rule 50 is silent on restoration, can my case be considered under Rule 86 of the CCS (Pension) Rules, 2021 (earlier Rule 88 of the CCS (Pension) Rules, 1972 – Power to Relax) on humanitarian grounds?
Is the Delhi High Court judgment in DDA v. Usha Rani relevant to my case, particularly regarding Rule 88/Rule 86?
Kindly note that sanction and cessation was done on paper only and not monthly pension has ever been disbursed in my bank account.
