Family Pension--Divorcee Daughter--Exclusion from Definition of Family Violates Article 14
Rule 44(5) of the Madhya Pradesh Civil Services (Pension) Rules, 1976 includes unmarried daughters, widow daughters and married daughters within the definition of family for family pension purposes. A divorcee daughter must also be treated equally with the categories of daughters mentioned in Rule 44(5), since there is no rational distinction between an unmarried, married or divorcee daughter, and excluding a divorcee daughter from the definition of family violates Article 14 of the Constitution. Under Rule 48(5)(a), certain family members are entitled to pension without proof of dependency, while others, including a divorcee daughter, must establish dependency on the deceased government servant.
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