IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14040 of 2024 Decided on: 6th January, 2025 ------------------------------------------------------------------------------------- Ajay Kumar …..Petitioner Versus Union of India and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Suneet Goel, Senior Advocate with Mr. Vivek Negi, Advocate. For the Respondents: Mr. Nand Lal Thakur, Senior Panel Counsel, for respondents No.1 and 3. Mr. Rajiv Jiwan, Senior Advocate with Mr. Prashant Sharma, Advocate, for respondents No.2 and 4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner’s father-Sh. Roshan Lal was in receipt of pension from the respondents under the provisions of the Central Civil Services (Pension) Rules, 2021 [in short ‘CCS (Pension) Rules’] as he had superannuated in the capacity of Senior Technician from the office of General Manager, Telecom District, Bharat Sanchar Nigam Limited, Hamirpur on 31.01.2010. Sh. Roshan Lal passed away on 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 17.09.2013. As a consequence, his wife and petitioner’s mother-Smt. Kartari Devi became entitled to family pension. She was accordingly paid family pension by the respondents. Smt. Kartari Devi died on 28.11.2023. Consequent upon the death of his mother, petitioner staked his claim to family pension. 2. Respondents vide impugned orders dated 26.02.2024 and 28.03.2024 (Annexure P-6 Colly) rejected petitioner’s claim to family pension on the ground that as per Rule 50(9)(a)(i) of the CCS (Pension) Rules, 2021, family pension can be paid to a son, who is unmarried, below the age of twenty five years and not earning his livelihood. The said Rule reads as under:- “(9)(a) If the deceased Government servant or the pensioner is not survived by a widow or widower or if the widow or widower dies or ceases to be eligible for family pension, family pension at the rate specified in sub-rule (2) shall be payable to the child of children who fulfil the following conditions: (i) In the case of a son (other than a son suffering from a mental or physical disability) (including adopted son, stepson and son born after retirement of the pensioner)- unmarried, below the age of twenty five years and not earning his livelihood. (ii) & (iii) ……………….” 3. It has not been disputed for the petitioner that he does not fulfill the requisite criteria laid down under the aforesaid Rule. Petitioner is aged 42 years, therefore, 3 cannot be said to be entitled to family pension. Hence, the impugned orders dated 26.02.2024 and 28.03.2024 do not call for any interference. In view of above, there is no merit in the instant writ petition. The same is accordingly dismissed alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua January 06, 2025 Judge Mukesh