How a married couple is treated in various Central Government service matters when both Husband and Wife are serving in Central Government?
The need to have a clarity on this subject gains much significance because treatment of them could differ in each law as each one would treat them according to the intention of the particular law.
For example, both are entitled to draw HRA even if they work in the same station, and live together but not provided with Government accommodation.
But when comes to Allotment of Quarters maintained by Government, only one residence will be provided to them except in the case of Judicial separation.
This article is a compilation of regulations in various service matters in respect of Husband and Wife when both are Central Government Employees.
House Building
HBA can be claimed by either of them. As per Rule 2 of HBA Rules, for the purpose of eligibility based on cost-ceiling of the house to be constructed, pay of both of them can be taken in to account. However, for the purpose of calculating the maximum amount of advance eligible under HBA, only the pay of the employee who prefers to avail HBA can be taken in to account.
Medical Attendance Rules
In non-CGHS areas, central government employees are covered by CS(MA) Rules which provide reimbursement of medical expenses incurred by the Central Government Employees. In the case of Both husband and wife working central government, to avoid double claim for same medical expenses, either Husband or Wife is permitted to make claims for self and entire family. The person who prefers to make claims under Medical Attendance Rules should be clearly mentioned in the joint declaration given by Both Husband and Wife in this regard. In the event of promotion, transfer, retirement, etc this declaration can be revised at any time. In the case of wife prefers to avail this concession for the entire family, she can either choose her parents or parents-in-law as dependents and prefer medical claim for them.
Children Education Allowance
As far as reimbursement of payment of tuition fees and hostel fees are concerned, either Husband or Wife can avail the benefit.
Family Planning Allowance
Either Husband or Wife may prefer to receive Family Planning Allowance. Since FPA is based on pay in pay band and grade pay, it will be beneficial if the employee drawing higher pay prefers to receive the same. In that case, there is no condition specified with regard to the employee who undergone family planning.
Leave Travel Concession
Husband
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Wife
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1. His wife,
2. His two surviving unmarried children or step children wholly dependent on him,
3. His parents and/or step mother wholly dependent on him, whether or not residing with him and
4. His unmarried minor brothers as well as unmarried, divorced, abandoned, separated from their husbands or widowed sisters residing with and wholly dependent him, provided their parents are either not alive or are themselves wholly dependent on him
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5. Her wife,
6. Her two surviving unmarried children or step children wholly dependent on her,
7. Her parents and/or step mother wholly dependent on her, whether or not residing with her and
8. Her unmarried minor brothers as well as unmarried, divorced, abandoned, separated from their husbands or widowed sisters residing with and wholly dependent her, provided their parents are either not alive or are themselves wholly dependent on her
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The above mentioned provision relating to family members can be separately declared and LTC for those members can be separately claimed by both Husband and Wife, subject to conditions that children will be eligible for the benefit in one particular block as members of the family of one of the parents only and that if husband or wife avails the facility as a member of the family of the other, he or she is not entitled for claiming the concession for self independently.
Travelling Allowance
Travelling Allowance allowed in the event of transfer of one or both of them simultaneously one of the spouses can prefer the claim and the other will be treated as member of family. In such situations only one lumpsum grant can be claimed.
If a husband or wife is transfered after 60 days of transfer of the spouse, but within 6 months, 50% of transfer grant is admissible. However, if both are entitled for reimbursement of cost of travel by personal car, if required they can travel seperatey and claim both of such travel expenses.
Family Pension
Either Husband or Wife is entitled for family pension in addition to own pay or pension, if the spouse dies.
In the case of demise of such husband /wife also, who was receiving family pension for the demise of his/her spouse, the child / children of the deceased parents should be granted two family pensions subject to certain limits prescribed. Please refer to Rule 54 (11), CCS (Pension) Rules in this regard.
House Rent Allowance
HRA will be paid to both husband and wife even if they work in the same station and did not avail Government Quarters. Even if one of them avails the Government residence in the same station where the other spouse is working, he/she will not be entitled for HRA.
Central Government Health Scheme
While both alongwith their family members will be eligible for medical treatement under CGHS, the spouse drawing higher pay will contribute to the Scheme. The scheme does not cover the Parents of the non-contributing employee.
However, women employees can prefer to include her parents-in-law, instead of her parents, in the family for availing CGHS.
If both Husband and Wife prefer to contribute for CGHS, parents of both will be entitled for medical benefits under CGHS.
Allotment of Residence
For the purpose of allotment of residence status of each of Husband and Wife such as designation, pay/grade pay drawn, service experience etc will be considered independently. In other words, higher status of either of two can be taken into account for priority, higher grade of residence etc. In any case both Husband and wife are entitled for allotment of one residence only except in the event of judicial separation.
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