Can a divorce daughter who is advocate get a family pension..?
SNEHA VAIDYA
(Querist) 26 December 2014
This query is : Resolved
Dear Sir/Madam,
Please advice/your view ...
A Lady advocate who is divorced on year 2005, her father was a Central Govt. Servant now she is earning from Advocate-ship (Rs. 1000-2000 per Month) but not sufficient for his life . She claim to her father office for Family pension...
Can advocate eligible to get the family pension ?
Who will get her Income Certificate. Because PATWARI/Tehisildar said that his power to above 55,000/-. (Fact is she earn from rural area Rs. 1000-2000 per Month)
Pl. give best suggestion for my friends & your family member....
Thanks
Dayananda Gowda
(Expert) 26 December 2014
Son or a daughter is not eligible to get pension of father....she is only having right in gratuity along with other children of her father.... She may claim mentenance from her ex-husband
SNEHA VAIDYA
(Querist) 26 December 2014
As per family pension law she apply for family pension...She was residential with her father after her divorce with fully dependent........
ajay sethi
(Expert) 26 December 2014
she can seek maintenance from her ex husband if she is unable to maintain herself
SNEHA VAIDYA
(Querist) 26 December 2014
Ajay sir....But she is divorced & she is living with his father from year 2003
venkatesh Rao
(Expert) 26 December 2014
Once married, she loses her status in the family of the government servant. She is not eligible for family pension. But she may have claim in gratuity.
SNEHA VAIDYA
(Querist) 26 December 2014
Ajay Sir & Rao Sir...I am enclosing herewith Govt. Scheme of Pensioner.....for your reference
Pension Scheme No.1/19/03-P&PW (E) :- The income criterion has been laid down in this Department’s O.M. No.45/51/97-P&PW (E) dated the 5th March 1998 according to which, to be eligible for family pension, a son/daughter (including widowed/divorced daughter) shall not have an income exceeding Rs.2550 per month from employment in Government, the private sector, self employment etc. Further orders were issued vide this Department’s O.M. No.45/51/97-P&PW (E)(Vol.II) dated 25th July 2001 regarding eligibility of disabled divorced/widowed daughter for family pension for life subject to conditions specified therein.
Isaac Gabriel
(Expert) 26 December 2014
Divorced daughter living with father is eligible for pension.She can get it on production of documents till she remains under his protection.Income criterion not arise in this case.
SNEHA VAIDYA
(Querist) 27 December 2014
Thanks Isaac Sir,
Please suggest...
Can advocate eligible to get the family pension ?
Who will get her Income Certificate. Because PATWARI/Tehisildar said that his power to above 55,000/-. (Fact is she earn from rural area Rs. 1000-2000 per Month)
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
Advocacy is profession and not an employment. Here it is not a regular income by way of salary or remuneration, therefore even if the advocate is drawing huge sums as fees in one month on the next month she may not derive any income at all, thus the staggering income will not be considered as a regular income, moreover if she is not an IT assessee, the question of income is only upon her declaration, so if the referred rules permit, she may very well be eligible for pension based on the reported professional income.
Biswanath Roy
(Expert) 30 December 2014
Fees received by the Advocates comes under the meaning of "earning", such earning does not mean income. Because an Advocate received his fees against his legal service and performance. You may submit a certificate from your Bar Association.
SNEHA VAIDYA
(Querist) 30 December 2014
Thanks to Isaac Gabriel, Biswanath Sir & T. Kalaiselvan sir....
Kumar Doab
(Expert) 25 August 2016
In the High Court of Punjab and Haryana, at Chandigarh
Letters Patent Appeal No. 1721 of 2015
Date of Decision: 29.07.2016
Khajani Devi ... Appellant(s) Versus Union of India and Others ... Respondent(s)
CORAM: Hon'ble Mr. Justice Mahesh Grover. Hon'ble Mr. Justice Shekher Dhawan
Single bench judge Punjab and Haryana High Court at Chandigarh had decided that ‘the divorced, unemployed daughter of a freedom fighter would not be entitled to family pension after the death of her parents.
The division bench of Justice Mahesh Grover and Justice Shekher Dhawan has accepted the appeal against the single-judge order.
The high court division bench said that the object of the clause in Swatantrata Sainik Samman Pension Scheme, 1980, was that one member of the family be paid, hence Khajani was eligible.
The bench, observing that pension schemes were intended to honor the valor of the uniformed people who laid down their lives or suffered for the cause of the country. “We would, thus, not place any demeaning interpretation on the scheme to deprive the unsung heroes of the country of benefits meant to ensure a life of dignity to their dependents,” the bench said, adding there was no rationale in including unmarried daughters but excluding divorced daughters.
The recent decision can pave the way in general for laying down in all cases that;"there is no rationale in including unmarried daughters but excluding divorced daughters."
The valuable opinion of learned experts is sought.
