West Bengal Amends Death Gratuity Rules, Married Daughters Now Recognised as Eligible Family Members
Kolkata, February 25 2026: In a significant policy reform affecting state government employees and their families, the West Bengal Finance Department has amended the death gratuity rules to formally recognise married daughters as eligible beneficiaries. The change expands the legal definition of “family” under the state’s pension framework, addressing long-standing concerns over gender parity and administrative delays.
The amendment was issued through a notification by the Pension Branch of the Finance Department and modifies provisions under the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971. Officials say the decision is expected to benefit numerous families across the state and help resolve pending claims.
Amendment Under Constitutional Provision
The notification states that the Governor exercised powers under the proviso to Article 309 of the Constitution of India to amend the existing rules. Article 309 empowers the appropriate authority to regulate recruitment and conditions of service for persons serving in public services and posts.
Through this amendment, a sub-clause under Rule 7 of the 1971 Rules has been substituted to broaden the scope of the term “family” for the purpose of death gratuity payments.
Earlier, while unmarried, widowed, and divorced daughters were recognised as beneficiaries, married daughters were not explicitly included in the definition. The new amendment adds married daughters as an eligible category, thereby eliminating a distinction that many had described as outdated.
Updated Definition of ‘Family’ for Death Gratuity
With the latest amendment, the list of recognised family members eligible to receive death gratuity now includes:
- Wife (in the case of a male employee) or husband (in the case of a female employee)
- Sons, including step-sons
- Unmarried, widowed, and divorced daughters, including step-daughters
- Brothers below 18 years of age
- Unmarried or widowed sisters
- Father and mother
- Married daughters
The inclusion of married daughters as the eighth category marks a significant shift toward gender-neutral policy interpretation. Legal experts say this aligns the state’s pension framework more closely with evolving judicial principles emphasising equality and non-discrimination.
Addressing Pending Cases and Administrative Delays
A key component of the notification is a clarificatory note addressing long-pending claims. The order specifies that cases involving divorced or married daughters, where the employee’s death occurred before the amendment came into effect, can now be reconsidered by the concerned administrative departments.
Officials at Nabanna indicated that this step is likely to ease procedural bottlenecks and bring relief to families awaiting resolution of claims.
“This directive is expected to resolve numerous pending cases and ensure rightful financial support reaches eligible family members without further delay,” a senior official said.
For families who had faced rejection or prolonged uncertainty due to the earlier definition, the amendment could provide retrospective clarity in certain undisposed matters.
Importance of Death Gratuity in State Service
Death gratuity is a lump-sum payment made to the family of a government employee who dies while in service. It serves as immediate financial assistance, helping dependents manage expenses and stabilise household income after the loss of the primary earner.
In many cases, especially in rural and semi-urban areas of West Bengal, death gratuity forms a crucial part of post-service or post-demise financial security. Expanding eligibility ensures that support mechanisms reflect contemporary family structures.
Policy analysts note that social dynamics have evolved significantly since 1971, when the original rules were framed. Today, married daughters often continue to maintain financial and emotional ties with their parental homes. Excluding them from beneficiary status had been viewed as inconsistent with present-day realities.
Gender Parity and Legal Context
Across India, courts have increasingly upheld the rights of married daughters in matters of inheritance and family pension. Various High Courts and the Supreme Court have interpreted service rules in a manner that discourages gender-based discrimination.
Although each state frames its own service rules, legal developments in recent years have encouraged governments to revisit provisions that differentiate between married and unmarried daughters.
By amending the 1971 Rules, the West Bengal government appears to have taken a proactive step to align administrative policy with constitutional principles of equality.
Administrative Implementation and Next Steps
Departments across the state are expected to update internal guidelines and beneficiary forms to reflect the revised definition. Pension processing authorities may also review pending files to identify cases eligible for reconsideration.
Officials indicated that further instructions could be issued to streamline verification procedures and prevent future disputes regarding beneficiary status.
Employee unions have generally welcomed the move, describing it as long overdue. Some representatives suggested that similar clarity should be extended to other related service benefits to ensure uniform interpretation across departments.
Broader Implications for State Employees
The amendment sends a broader message regarding inclusivity in public service regulations. For current employees, it provides greater certainty about how benefits will be distributed among family members in unforeseen circumstances.
For families of deceased employees, particularly those where married daughters remain dependent or actively involved in caregiving, the reform offers a clearer legal pathway.
As administrative departments begin implementing the revised rules, attention will likely turn to ensuring smooth and timely disposal of cases.
Conclusion
The West Bengal government’s decision to include married daughters as eligible beneficiaries under the death gratuity framework marks a significant update to decades-old service rules. By broadening the definition of “family,” the state has moved toward a more equitable and contemporary policy approach.
With the new provisions in place and pending cases set for review, the amendment is expected to bring clarity, fairness, and financial relief to affected families. Going forward, effective implementation will be key to translating the policy change into meaningful support for beneficiaries across the state.
