About compensation

rajashekar (Querist) 02 April 2014 This query is : Resolved
dear sirs,my father was a govt employee.but he passed away while he is in duty,
he have got married another lady after my mother's death,my step mother have 3 girls children.they all married.
after my father's death now m going to claim dues from the employer.
now my query is
do my step mother have rights to get share from that dues?
but i heard that karnataka high court said on oct 30th 2013 second wife's children don't have rights to demand in compensation,but they have rights only in property.but second wife can get pension
is this true?
also fact is my step mother left my father before 20 years,she filed case to get (i don't know it in english sorry)jeevana amsha (kannada) in that time.
she is not in my family also.
what can i do?
also i didn't know about her till my father's death.
please advise me

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Guest (Expert) 02 April 2014
If not legally divorced, only your father's living wife can claim pension, leave encashment, and life time arrears of his pay.

Amount due on Gratuity, GPF, Govt. employees Insurance scheme, etc., can be claimed by the nominee, if appointed by your father during his life time. If no nomination was made, a person holding legal heirship certificate or succession certificate can claim the amount due on such items.