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Arun Raj   17 July 2023

Widow getting remarried post getting finance account job in government on compassionate grounds

What can be done if a wife of a doctor(professor in government medical hospital) becomes widow and obtains job in accounting department in the same hospital based on compassionate grounds. Then gets married to another person. In addition what if she gets a salary along with husband's pension money?



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     17 July 2023

There's no illegality in the widow getting a job on the compassionate grounds and getting remarried subsequently.

Also she's entitled for family pension as a widow of her deceased government employee husband besides her salary for the employment.

What is your problem in this.

Sourav Das (Advocate Supreme Court of India)     18 July 2023

She can have. No problem at all.

Dr. J C Vashista (Advocate )     18 July 2023

Getting compassionate appointment in the department of deceased husband is valid, whereas, she can be appointed in "C" class services (clerks etc.) which may not commensurate to her qualification. 

Mr. Sumitra kumar (Advocate)     18 July 2023

No, after re-marriage you cannot claim pension.

Thank you.

Sudhir Kumar   02 August 2023

What is the problem you are facing in this case

LCI Thought Leader Rajesh Tandon ( Col (Retd))     26 August 2023

Dear Querist,

1. You have asked, Quote, "What can be done if a wife of a doctor(professor in government medical hospital) becomes widow and obtains job in accounting department in the same hospital based on compassionate grounds. Then gets married to another person. In addition what if she gets a salary along with husband's pension money?" Unquote.

2.  Actually, your question is not very clear as to what exactly is your query ? You need to reframe your Question clearly.

3. Notwithstanding the same, you got to be aware of Government of India , Ministry of Personnel, PG and Pensions, Department of Pension and Pensioners Welfare Office Memorandum F.NO 1/1(1)/2022-P & PW(E) dt 26/10/2022 On the Subject Matter of Family Pension under Central Civil Services (Pension) Rules, 2021 On Remarriage of Childless Widow.

4. Now what is important here is para 2 of the said office memorandum which mentions that in accordance with rule 50(8) of the Central civil service (Pension) rules, 2021, on death of a government servant/pensioner, family pension is payable to the widow or widower up to the date of death or remarriage, whichever is earlier and the eligibility of widow or widower for family pension is not affected by the amount of her or his income from other sources. However, on remarriage by a childless widow, family pension continues to be payable to her, if her income from all other sources is less than amount of minimum family pension ( i.e Rs 9000/-per month) plus the dearness relief admissible thereon. Para 3 of the said office memorandum may please be read by you. I am enclosing the link for downloading the  said office memorandum for your information please.

Click here to download the same

5. Also you may like to read Para 3 of the said office memorandum for rendering of a certificate.

6. The fact of the matter is that you have given very limited information in your query. All the inputs are not available. If it is case is a case of childless widow who got remarried, the family pension of her ex husband will continue even after her remarriage subject to condition that her income from all other sources is less than amount of minimum family pension ( i.e Rs 9000/-per month) plus the dearness relief admissible thereon. Now that she’s earning as well, the scenario might change if she is a case of childless widow and her pension might stop untill and unless it is a case that her income from all other sources is less than amount of minimum family pension ( i.e Rs 9000/-per month) plus the dearness relief admissible thereon. If she is not a case of childless widow, then on her remarriage, she is as it is not entitled for family pension and accordingly her family pension will be stopped once the authorities come to know of her remarriage. In fact, If she is not a case of childless widow, then on her remarriage if she is still drawing family pension, the pension authorities or by intervention of the court in the case of Pension authorities going to the court, her family Pension received after remarriage may be recovered also.

Sudhir Kumar, Advocate (Advocate)     27 August 2023

what do you want to do.


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