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Family pension benefits to unmarried daughter

(Querist) 16 July 2014 This query is : Resolved 
One of my friend is an unmarried daughter of her late Father who was retired from A.G. Office from the post of Clerk and was drawing his pension till his death on 20.08.2007.
The mother of my friend was not nominated for retiral benefits by her father at the time of retirement, therefore, the concerned office stopped paying pension. On 26.02.2009 her mother was also expired. During the period of Death of her Father and Mother, the matter for payment of family pension was pursueded and the concerned department was agreed to pay Rs.73000/- as arrears of Pension. But the said sanction of Rs.73000/- also kept in abeyance by the Department and till date not paid.
My friend has made several request to the AG Office to pay the amount of arrears till death of her mother and to pay further pension to her as she is unmarried daughter of her father and was fully dependent on his father, but, no any satisfactory reply is received from the concerned department. The pension paying branch of the pensioner was State Bank of Indore which is now amalgamated to State Bank of India. My friend also contacted State Bank of India, Treasury Department alongwith A.G. Office for payment of arrears of pension and family pension, but failed to receive satisfactory response from all of the concerned. Even PPO is not found with pension paying branch. My friend is exhausted making efforts since last 3-4 years and feeling very much desparate.
Please advice me whether my friend who is unmarried daughter leaving alone is entitled to receive family pension or not? Whether arrears applicable to her late mother is now payable to her or not? Please also advice future course of action as all the authorities concerned are not at all paying any attention to her requests.
T. Kalaiselvan, Advocate (Expert) 18 July 2014
The arrears amount eligible and have not been paid during her life time to her mother by way of family pension will be the only amount which yur friend can claim from the department as a legal heir to her deceased mother, but, all other legal heirs have to jointly claim for the same by producing the legal heirship certificate or succession certificate. Your friend whether unmarried or married, cannot claim family pension out of her father's service pension, it extinguished with her mother.
Raj Kumar Makkad (Expert) 18 July 2014
Serve a legal notice followed with the writ petition as this is continuous injustice with he daughter of the deceased employee wo has not been granted with the entitled benefits as well as 2nd spell family pension.


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