Odisha Cabinet Proposes To Extend Benefit Of Family Pension To Single Transgender Children Dependent On Deceased Govt Servants/ Pensioners

Rule 2(1)(b) of the Rules defines the term ‘child’ which, however, does not cover a ‘transgender child’ within its purview. The Cabinet has resolved to make necessary changes to extend the benefits of pensionary schemes to such children as well. The press brief of Cabinet decision reads,

“…a Transgender child, if lives single, of a Government servant/ pensioner who died on or after 10.01.2020 shall be treated as an unmarried daughter in case there is no other elder unmarried daughter or disabled unmarried daughter for the benefit of family pension subject to other conditions as specified in sub-clause (iii) under clause (b) in sub-rule (1) of rule (2) of the OCS (Pension) Rules, 1992.”

It has clarified that a transgender child, who is above the age 25 years, must be fully dependent on the government servant/pensioner to avail the pension.

It has also been decided to enhance the monthly income limit from Rs. 4,440 to Rs. 10,000 from all other sources to be eligible for family pension in case of unmarried/ widowed/ divorced daughters where she is above 25 years age.

Pertinent to note, last year the Orissa High Court had ordered grant of family pension to a transwoman, who was allegedly discriminated on the basis of her gender while allowing pensionary benefits after the death of her parents. A Single Bench of Justice Aditya Kumar Mohapatra had categorically held,

"…this Court is of the considered view that the petitioner as a transgender has every right to choose her gender and accordingly, she has submitted her application for grant of family pension under Section 56(1) of Odisha Civil Services (Pension) Rules, 1992. Further such right has been recognized and legalized by judgment of the Hon'ble Apex Court in NALSA's Case (supra) and as such, the law laid down by the Hon'ble Supreme Court is binding on all."