Recovery of family pension
rakesh
(Querist) 28 March 2013
This query is : Resolved
dear sir, an retired govt employee (Mr.X)has two wives both are own sisters.Elder sister is also govt employee, died in a road accident in Jan 2007. Mr.x got the family pension of deceased wive from Jan 2007 onwards. In March 2008 Mr.X retired and started receiving pension from said month. In the month of Nov'12 bank intimated that family pension of Mr.X be stopped to given by Mr.X pension dept and all the sum received as family pension be recovered from Mr.X pension on the ground that Mr.X got remarried. Because of one of the clause in family pension sanctioning letter was family pension will be given until the date of remarriage or death whichever is earlier to Mr.X but Mr.X got married deceased wife sister before her death by taking the consent of deceased wife of which document was filed with employer of deceased wife. Mr.X also intimated about the sister of deceased wife as nominee with his employer 8yrs back. So my question is whether what the pension department has done recovering family pension from Mr.X's pension is right under the clause of remarriage. Mr.X didn't received any notice of his pension be stopped and family pension recovered but such notice was sent to the banker only. My opinion is as Mr.X got second marriage before the death of deceased wife so the clause of remarriage will not apply and if the clause is applicable pension dept should stop giving family pension and shouldn't recover from Mr.X as the default lies on pension dept. because after proper verification only it sanctioned family pension to Mr.X and he already stated his second wife as nominee with his employer before the death of the deceased wife..So please suggest me whether Mr.X is eligible for family pension or not and whether family pension can be recovered from his pension and whether second wife who's name is mention in PPO eligible for family pension after submitting required documents with the employer.
Devajyoti Barman
(Expert) 28 March 2013
Mr X can not claim pension of his wife after remarriage.
The Bank is entitled to recover the amount already paid.
rakesh
(Querist) 28 March 2013
ok, but remarriage was done before the death of his first wife, is the clause applicable whether remarriage is done after started receiving family pension or before death of first wife
Devajyoti Barman
(Expert) 28 March 2013
If he remarried earlier then the marriage itself is invalid and the clause would apply stringently.
Sudhir Kumar, Advocate
(Expert) 29 March 2013
If second marriage (even without wife's consent) was detected during service he was liable for action.
Raj Kumar Makkad
(Expert) 02 April 2013
Such employee cannot be exonerated from departmental action who remarriage subsisting his previous marriage.
rakesh
(Querist) 25 October 2015
Kindly let us know whether second wife who's name is mention in PPO is eligible for family pension.
Guest
(Expert) 25 October 2015
Mr.Rakesh you are appreciated for continuing in the same Thread after Two Years.Second wife would be Obviously eligible and Let Others who had already Attended you also to Reply Please.
Sudhir Kumar, Advocate
(Expert) 26 October 2015
what has been the progress of the case in two years. Any case filed within limitation.
rakesh
(Querist) 26 October 2015
Nope welfare inspector want to us to give declaration that complaint lodged by my father for recovery of family pension wrongly paid to be closed and family pension of second wife will be paid without any restriction but till now family pension of second wife not credited in her account even after submitting required documents with employer.
rakesh
(Querist) 26 October 2015
Dear all, today I went to them for knowing the status of family pension of second wife, they first said it will take one week time to let me know the status, after requesting they said they'll talk to their Senior official and after talking to their senior officer they said as this is a case of two wives it is complicated and they will consult their law officer and let me know status after three days.
Guest
(Expert) 26 October 2015
Wait for their response after consulting their law officer and conult only, if some complication arises.
rakesh
(Querist) 28 October 2015
Thx to all for your response...
rakesh
(Querist) 28 October 2015
Thx to all for your response...
