Delhi High Court Orders Centre to Include Live-in Partner, Children in Family Pension Benefits
January 10, 2026
The Delhi High Court has directed the Centre to consider adding the names of a retired government employee’s live-in partner and their children to his Pension Payment Order for family pension and healthcare benefits. The court said that the employee, who lived with his partner for over 40 years, never hid his relationship.
Justices Navin Chawla and Madhu Jain stated that calling his efforts "grave misconduct" was wrong. They set aside a 2018 order from the Central Administrative Tribunal (CAT) that upheld withholding 50% of the employee’s monthly pension and gratuity after his 2012 retirement.
The court said, "We find no legitimate reason for the respondents to permanently withhold 50% of the petitioner’s monthly pension and gratuity or for denying family pension to the petitioner’s dependents."
It further ordered the Centre to pay the withheld amount with 6% annual interest and consider including the names of the live-in partner and her children in the pension order for family pension and CGHS (healthcare) facilities.
The retired employee’s wife left him without agreeing to a divorce. He started living with another woman in 1983, and they had two children. He faced departmental actions in 1990 and 2011 on charges related to his relationship and passport applications.
The court found no evidence of fraud or concealment. It said the employee always disclosed his partner and children in service records. There was no "grave misconduct or negligence," as required to withhold pension under CCS (Pension) Rules.
The judgement stated, "The petitioner maintained transparency at all times regarding his relationship and had no mala fide intention to obtain diplomatic passports through misrepresentation or by defrauding the Department."
The court also rejected claims that the petitioner lacked personal integrity.
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Delhi high court
Pension
Live-In Partner
Government employee
Family Pension
Disciplinary Action
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