Lucknow, Oct 28 The Allahabad High Court on Wednesday set aside an order denying family pension to the unmarried sister of a deceased government employee, holding that statutory service rules cannot be overridden by a government order.
The court also directed the authorities to pay the arrears with 6 per cent annual interest.
A single-judge bench of Justice Manish Kumar in Lucknow passed the order on a petition filed by Shameen Khan, whose late brother had nominated her for family pension in his service book.
Her claim was rejected on December 5, 2025, on the basis of a government order dated December 23, 2016, which excluded an unmarried sister from the definition of the family of a deceased employee.
During the hearing, the court referred to Rule 3(5) of the Uttar Pradesh Retirement Benefits Rules, 1961, which includes unmarried and widowed sisters in the definition of family. The state government also did not dispute that Khan was the unmarried sister of the deceased employee.
The court observed that statutory service rules framed under Article 309 of the Constitution cannot be amended or rendered ineffective through executive orders or government directives. Any amendment to such rules must follow the prescribed legal procedure, it said.
Setting aside the order rejecting Khan’s claim, the court directed the principal secretary of the Food and Civil Supplies Department to ensure payment of the family pension arrears from May 15, 2024, the date of the employee’s death, until actual payment, along with 6 per cent annual interest.
The authorities have been directed to complete the payment process within six weeks of the production or receipt of a certified copy of the order.
(PTI News)
