Death claim
RABINARAYAN
(Querist) 19 February 2012
This query is : Resolved
Sir/madam
Mr suresh is a employees in CRPF.after his marriage wihin one year a complain suit against him and his parents u/s 498 A/294/506/323/34 IPC.and police arrest him and his father ,after 6 days they are relies on bail.
Case start from 2007
Suresh join his job but ,against party approach to commandment that my husband spend 6 days in jail and punished him.mr suresh suspend for three month.
Last 9 month court order to give maintenance Rs3000/pm.suresh deposit all the amount in court,but the party again suit new case to increase the amount to Rs7000/pm.
Now Mr suresh Died Dec2011 on duty at J&k.the dead body handed over to his mother at home town.
Mr suesh no children, after suit case his wife leaving with another person iligaly,sowing that he is my brother. That man handle all case on behalf of his family.
My question is in CRPF record nomination was not change after his marriage, mother is 100% nominee.
In this circumstance who will be the beneficiary of mr suresh’s pension and all other death benefits.
Mother age was 61 years,Mr suresh age was 31 years
Pl advice.
Khaleel Ahmed
(Expert) 19 February 2012
Nominee mother legally entitle to receive all monetary benefits.
Tajobsindia
(Expert) 21 February 2012
@ Author
I differ to opinons expresed by above two Experts and have Hon'ble SC backing when I say so in a more of less similar facts based decision;
Family Pension is authorised to the legally wedded wife/next of kin (NOK) of those para-miletary personals who die in harness. It is also authorized to the legally wedded wife/NOK of those para-miletary personals who die after retirement and were drawing pension.
The highest eligible heir for family pension is the legally wedded wife (mother for a bachelor personal). Thereafter, the next eligible heirs are the children of the ex-servicemen below 25 years of age (unmarried and unemployed). However, the age restriction of 25 Yrs is not applicable for widowed/divorced daughter in terms of GOI, MOD Ltr dated 22 Aug 2004 and physically and mentally handicapped children who are unable to earn their livelihood in terms of GOI, MOD Ltr dated 25 May 92.
Dependent parents are the third highest eligible heirs to receive Family Pension for married para-miletary personals. Between the parents, the mother is entitled for pension before the father. While there is no restriction on the income of the wife, if the combined income of parents is more than Rs 2550/- per month then they are not eligible for ordinary family pension however, they could become eligible for Special/ Liberalised Family Pension in terms of GOI, MOD Ltr re. above.
For all those para-miletary personals who were not eligible for pension after release/ retirement, the wife /NOK are also not eligible for family pension.
As per Pension Regulation wife is the highest eligible heir for receiving family pension. It is immaterial if she wa snominated some % or not in service records. How happy / un-happy her son was with her daughter in-law could have been an issue for divorce had her son been alive. However, after his death in harness the only issue is the legality of marriage and her son’s happiness/un-happiness has no direct bearing on her (wife's) legal eligibility to claim family pension. It is just matter of time she (wife) comes to know of the financial benefits and will certainly lay claims to all those benefits which actually she is legally entitled for.
Mother is the highest eligible heir only for a bachelor para-miletary personal.
Further, I am not aware whom you are representing but pre-assuming from this passionate brief your kindslef representing mother of the para-miletary personal who died in harness then the 100% nomination simply means she is 'custodial' of such sum (amount) till legal claim is raised by legal heirs. In normal circumstances also nomination simply means custodian and not absolute ownership / claim.
Further in my opinion concerned para-miletary Department read with Bank where penshion benefits will now get transferred will seek lots of paperwork and will not relase pension and death benefits when wife (now a widow) is alive. The alleged legal status (pennding court cases/enhancement of maint./ already met full arrears of past accurals on maint claims etc.) have no factual matrix in pension benefits at all before any Departments under GOI.
Guest
(Expert) 21 February 2012
Pension is not admissible to mother, as mother is not treated as an eligible member of the family for the purpose of family pension.
However, other retirement benefits, e.g., GPF, Gratuity, CGEIS, etc., would be payable to the nominee, if any nomination was made by the employee during his service period.
Shonee Kapoor
(Expert) 24 February 2012
:) Tajobs......
I agree with Ld. Dhingra
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
