Dear Reddy ji,
I cent percent agree with Shri. Amit Kumar.
Under the law, child in womb if born alive, has all the rights of surviving child.
Even Para 70 of EPF Schme 1952 deals with Accumulation of deceased member - to whom payable. In the explanation under this Para it it clearly mentioned that, for the purpose of this para, a member's posthumous child, if born alive, shall be treated in the same way as a surviving child born before the member's death.
Also Para 72 (4) says that if it is brought to the notice of the Commissioner that a posthumous
child is to be born to the deceased member he shall retain the amount which will be due to the child in the event of its being born alive and distribute the balance. If subsequently no child is born or the child is till-born, the amount retained shall be distributed in accordance with the provisions of para 70.
Even Pension Fund Act 24 of 1956 defines dependent which includes a child of the member, including a posthumous child, an adopted child and a child born out of wedlock.
Government Employees' Pension Scheme and Reserve Bank of India Pension Regulations also recognised the claim on behalf of posthumous child.
But unfortunately in Employees' Pension Scheme 1972 or 1995 there is no such provision came to my reading. Nevertheless, the rights given to the posthumous child by law can not be taken away.
However, I would like to draw the attention to Para 16 (3) (d) of Employees' Pension Scheme 1995 which says that the monthly children pension shall be admissible to maximum of two children at a time and will run from the oldest to the youngest child in that order.