Withholding of family pension

Usually, after the employee's death, family members may have a maximum period of 2 years to stay if they have no permanent residence. After that period, a heavy penalty will be levied, and sometimes, the family pension may not be sanctioned.

Sir any remedial measure to avoid such heavy penalty 

The state government cannot withhold a family pension to a widow solely because a No Objection Certificate (NOC) from the housing department is not obtained, as family pension eligibility is determined by pension rules, not housing department matters.

The eligibility for family pension is independent of whether the deceased government servant/pensioner had a government accommodation or not, or whether a No Objection Certificate (NOC) is obtained from the housing department. 

Withholding pension based on a housing department matter without proper justification would be a violation of the pension rules and could be challenged in court. 

The government should focus on processing family pension applications based on the relevant pension rules and not on unrelated matters such as housing department NOCs. 

If the pension department is refusing to make pension payment, in writing, you can approach high court with a writ petition against the govenment seeking direction to make the pension payment at once and with interest against the arrears of unpaid pension

Payment or withholding pension is altogather different subjects to recovery of licence fees from the illegal / unauthorised occupant.

Pension can neither be stopped nor attached for any government / private recovery.

Recovery of licence fees (rent of government quarter allotted to deceased employee in instant case) has to be made separately and independent from pension.

She has to file writ petition of MANDAMUS against State government in high court to get pension on directions of high court.