Two wives who will get pension and death benefits.
abdul
(Querist) 03 January 2014
This query is : Resolved
Hi All,
My father is a Muslim and he is a government employee died leaving two wives and children.
First wife is legally wedded wife(Muslim)and she has a son(24 years)and daughter(23 years)and first wife is a nominee in all government records and Second wife(Muslim)and she has three daughters(4years, 6years and 8years.we think that she is illegal.officers said that i am eligible for compassionate appointment as i am the only son of first wife and second wife doesn't have any right to ask about the compassionate appointment.
My Question is who is eligible for family pension and why? and will the government(court) agree for two pension accounts separately for first and second wife(50% pension for first wife and 50% pension for second wife)and who is eligible for all death benefits? and under which act government will give two separate pension accounts for two wives?
Recently they lodged a case in Permanent Lok Adalat that she wants full pension or half pension in separate account and in death benefits she(second wife) wants 50% of share.SO JUDGE SAID THAT SECOND WIFE IS NOT ELIGIBLE FOR PENSION AND NOT SEPARATE PENSION ACCOUNT BECAUSE FIRST WIFE IS NOMINEE AS PER GOVERNMENT RECORDS AND SHE SAID TO FIRST WIFE TO GIVE ALL THE MONEY BECAUSE SECOND WIFE HAVING THREE CHILDREN AND THAT TOO FIRST WIFE WILL GET FULL PENSION AND HER SON WILL ALSO GET GOVERNMENT JOB TO GET MATTER SETTLED and first wife agreed to give full amount(gratuity,insurance e.t.c)
But second wife not agreed and her lawyer said that there is a act to give separate pension accounts and argued with first wife that you have to give half pension otherwise he will put a case in court.
WHAT WILL BE THE JUDGEMENT IF SECOND WIFE IS LEGAL OR ILLEGAL?(SHE DOESN'T HAVE ANY PROOFS)please help, Thankyou.
Sudhir Kumar, Advocate
(Expert) 04 January 2014
THE MATTER IS SUB-JUDICE AND FOLLOWING FACTS CAN BE PLACED BEFORE THE COURT
A government servant (even if Muslim) is not allowed second marriage.
A government servant (even if Muslim) cannot nominate two wives for pension.
This fact could have been relevant for taking action against hm if he was alive.
However, this service regulation cannot be stretched beyond proportion. Notwithstanding this stipulation the second marriage of Muslim (even if Govt servant) is legallly valid and binding in civil law. The children of second wife are not at all illegitimate.
The first wife is rightly nominated and righlly claiming pension.
Being pensioner she has a right to nominate the son for consideration of compassionate appointment.
However, the said son, if given compassionate job (without competitive exam) the he has a liability to maintain the entire family of the deceased and cannot neglect second wife or her children
Guest
(Expert) 04 January 2014
Well advises by Expert Mr.Sudhir
P. Venu
(Expert) 04 January 2014
Government Employee - Central or State Government? Please furnish the details.
Rajendra K Goyal
(Expert) 04 January 2014
Well advised by the expert Sudhir Kumar ji agree to it.
P. Venu
(Expert) 04 January 2014
The queriest is yet to furnish the details: whether his father was a Central or a State Government employee.
In terms of CCS(Pension)Rules family pensions could be paid to the widow or widows as the case may be. The relevant sub-rule is reproduced below:
(7)(a)(i)Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.
(ii)On the death of a widow, her share of the family pension shall become payable to her eligible child :
Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.
It could be that various State Governments also would be having more or less similar rules.
abdul
(Querist) 07 January 2014
Thank you so much for your replies.
Before going to hearing at permanent Lok adalat,first wife agreed to give 50% share in pension and half of money(gratuity,provident fund e.t.c)but second wife want's the pension in separate pension account.That is the reason both first and second wives went to Lok adalat.But Judge said that separate pension account is not possible as first wife is a nominee in records.
My questions are below.
1). Is separate pension account is possible or both first and second wives needs to agree for separate pension accounts
2). Actually first wife's son in eligible to compassionate appointment but government want's Legal-heir certificate and NOC(no objection certificate).
2). Can government give two legal-heir certificates or family member certificate to both the families.I mean first wife and second wife. I heard that legal-heir or Family member certificate can be given to only one family because second marriage is prohibited as deceased employee is a government servant. Is it possible to give legal heir certificate to both families? or they will give one legal heir certificate for two families (as two wives and five children)is it correct?
3). NOC(no objection certificate from second wife). If this matter not get settled definitely second wife will not agree to give NOC(no objection certificate). So in this case can first wife's son can apply for compassionate appointment directly to the court or government without getting matter settled about pension and death benefits of gratuity and provident fund e.t.c. between first wife and second wife. Awaiting for your reply.
Isaac Gabriel
(Expert) 08 January 2014
In the given case ,it is accepted fact that the deceased government servant had affairs other than his legally wedded wife,and maintained her. Though it was concealed in records,he is bound to assure her care and children.Hence,without recourse to legal battle,better to settle the benefits out of court as 50:50 with compassionate appoinment to the son of the first wife.
