Family Pension--Divorced Daughter--Exclusion from Definition of Family Under Rule 44(5) MP Civil Services Pension Rules 1976 Violates Article 14 of Constitution
Exclusion of a divorced daughter from the definition of "family" under Rule 44(5) of the Madhya Pradesh Civil Services Pension Rules, 1976 violates Article 14 of the Constitution of India. No legally sustainable distinction exists between an unmarried, married, or divorced daughter for the purpose of family pension eligibility. A divorced daughter must be treated at par with other categories of daughters recognised under the Rules, subject to fulfilment of the dependency condition under Rule 45.
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