Family pension
SANTANU SAHA
(Querist) 22 July 2013
This query is : Resolved
Mrs. W2 is the second wife of Late. Mr. P and is getting family pension of Rs. 15,000/- from the State Public Works Deptt. (PWD).
Ms. D is the unmarried daughter of Late. Mr. P & his first wife Late. Mrs. W1.
Mrs. W2 gives only Rs. 1,000/- to Ms. D out of the total family pension of Rs. 15,000/- while Ms. D wants the pension to be shared equally.
What legal remedy does Ms. D have against Mrs. W2 who refuses to share the pension equally?
Guest
(Expert) 22 July 2013
Your query is deficient on three counts:
(1) whether the widow is getting full family pension or only half of that?
(2) You have not mentioned, whether you want to prefer official claim on the concerned department or to claim legally direct for the daughter from the widow of the deceased employee.
Third, what is the age of the daughter and whether she is married or still unmarried, as both the factors matters much for preferring official claim from the department.
Rajendra K Goyal
(Expert) 22 July 2013
Supplementary information as mentioned by the Expert PS Dhingra ji, is required for any advise.
SANTANU SAHA
(Querist) 23 July 2013
(1) The widow is getting full family pension.
(2) The daughter wants to know the legal remedy available to her both against the concerned deptt. and against her step mother. And which remedy is more efficacious.
(3) The age of the daughter is 19 years. She is unmarried as I have already mentioned.
There is no claimant to the Family Pension other than the daughter (Ms. D) and the widow (Mrs. W2)
Guest
(Expert) 23 July 2013
She can represent to the concerned department for family pension, being the daughter of the first wife. She is entitled to half of the family pension direct from the department till the age of 25 or date of her marriage, whichever is earlier, provided she had already been shown as one of the family members in the list of family members submitted by her father to the department during his service period and is duly recorded in his service book.
However, if the family pension was sanctioned on the basis of succession certificate by the wife in the absence of any list of family members on record of the department, you will have to see how such succession certificate was obtained, whether with the no objection from the daughter or else. In that case only legal remedy would have to be sought, which can be possible to be suggested only after going through the history/facts of the case.
P. Venu
(Expert) 24 July 2013
Family pension is granted on the basis of information furnished by the deceased public servant. Children are eligible for family pension only after the life time of the spouse of the deceased employee.
Normally, children are eligible for family pension only upto the age of 25, if unemployed and unmarried. Exceptions are if the child is differently abled, so certified medically.
Rules have since been amended entitling unmarried/divorced daughters for family pension irrespective of age.
In the case in hand the turn of the daughter comes only after Mrs. W2. The Department has no competency in interfering in the matter ot apportioning the pension among the W2 and the daughter.
Of course, W2 has responsibility to look after the daughter, esp. since the latter is in receipt of substantial family pension.
She can seek civil remedies.
P. Venu
(Expert) 25 December 2013
I am sorry. I may be wrong.
The CCS(Pension)Rules (applicable to Central Government servants) provide that in such a case, the family pension is to be apportioned equally between the child of the first marriage and the widow.
Pl. verfy the Rules of the State Government. It may be same or similar.
Guest
(Expert) 25 December 2013
Mr. Venu,
State Government's rules are also framed in line with the Central Rules. The states can make liberal provisions, but not against the spirit of the Central Government Rules.
