Entitlement to family pension in case of two widows
(Querist) 10 August 2021
This query is : Resolved
This is a story of a friend of mine who was a government servant, who had retired on superannuation in 2007 at the age of 60 leaving two widows and four ( two from each wife) children to survive. All children are above age of 25, and probably no one is fully dependent and no one of them was dependent on the deceased pensioner father at the time of his death. It is only an issue of the widows for their survival. The details are described as follows:
His first wife( widow): Was married to him approx 50 yrs back, had two children, The husband and wife were not in good terms, and according my fried the wife was nagging wife. He used to be in disturbed mental condition always in his young age, as the wife used to creat some or other trouble in the family. After having children she left him and went to her parents putting him lonely. The man compromised number of times for re-union but the trouble continued.... In the meantime he decided to marry another woman, who was proposed by his well wishers. However my friend was not entitled of free to marry her in the shadow of contemporary CCS (Conduct) rules applicable to him as government servant. So he married the 2nd wife unofficially, in absence of any permission from his first wife or any other permission from the employer.This lady, his 2nd wife, was a caring girl and was much in love with the husband. Naturally the man was also in love with her time his last. (They had two children of out of this marriage.) However the first wife who had left him before his 2nd marriage, after a while, had to come to him with her children, as she was compelled owing to adversities. The man allowed her but with the private instructions that now she won't get status as that of a wife.She will get shelter and will have to live in the family as an Asylee or immigrant. As the lady was helpless she continued to live him, and nevertheless she was married to him, and also had her name mentioned in the initial official/ service records of the husband. Time passed on, decades passed on and last twenty years of his employment in Government department, this big family lived in Mumbai. After his eldest son from his wife had grown major, the father arranged for living and the first wife started living with her own children in adjacent area of the metro city, During this period she continued to attempt complaining to his office about his illegal marriage and other matters. As the man was clever and conversant with rules he somehow managed to face and escape the consequences of these complaints.
The important part of the story starts here onward. The man retired peacefully on superannuation, but he did not mention name of any of the wife in his retirement papers which he had to submit to office well in advance before his retirement. The reason is obvious, that his 2nd wife was not having official status anywhere in the records, and he was not willing to pass on benefits of retirements to the first wife, who, according him, had troubled him a lot during his married life. It was also for the reason that the 2nd lady who loved and cared him may think that the 2nd wife may think that despite her dedications he'd passed all the retiring benefits( family pension mostly) to the lady who troubled him. His office reminded him again and again to complete his retirement papers with details of his spouse, but he did nothing. Finally the office considered his papers after a reasonable delay (as the papers were not complete), finalized his case and commissioned his pension, and paid all his dues those were due to him at the time of retirement. He enjoyed benefit of regular pension with his 2nd wife and their children for nearly 10+ years. and died after at approx age 70 yrs. The major part of his life was spent with his 2nd family( 2nd wife and children) The bank from where he was receiving pension was duly intimated about his death by his 2nd wife. However no family pension is received to any of his wife. As both the wives do not have cordial relation, no one has consulted each other. As the pensioner was my colleague in service I have gathered the information that both the wives remain deprived from family pension. First wife is ignorant, does no possess any paper had tried to tackle this issue through an application to his pension office. However she was denied for any benefit as her names is not declared in pension paper,nor any joint photo or finger print is found attached to official records. ( however her name is certainly mentioned in initial record like service book) 2nd wife naturally cant apply for pension as her name had always been avoided to be mentioned in records by the pensioner to avoid charge of violation of Conduct rules and its penal consequences.
I think I have given almost all the information, I have in this case/matter... Can anybody from the experts throw any light on this matter.. Is any one of the wives is entitled to the benefit of Family pension? When the Government is inclined in sympathetic manner in each and every pension/family pension case, how these poor ladies remain deprived from family pension? Rules say only official wife is entitled to family pension, how the justice can be done with the 2nd wife who cared the pensioner till his last.? Today She can prove that she was married wife of the pensioner, and has children from their marriage, Pensioners name is linked with the children, and other identities like Ration card, PAN CARD, Adhar Card etc, But will the claim be accepted by the the authorities concerned after lapse of 2-3 years.? OR is the justice in this case a matter of a simple application - Like touch and go.. Kindly express justified opinions. Thanks ( kindly excuse for spelling mistakes, if any This is put up without rechake.)
(Expert) 10 August 2021
The two wives shall file a compromise petition to share pension at 1/2 share each in the court and after giving decree, they may put the application each separately for pension. I think this provision is in almost all states.
(Querist) 11 August 2021
Thanks for the guiding lines, But this is a case of Central Government pension, paid by the Controller of Communication Accounts ( CCA) under the Deptt. of Telecommunications GOI (DOT).As such, the provisions on this made by any State Govt. may not be applicable in this case.
One hand book is published by the Government on FAMILY Pension, Link of which is given below:
There is no provision anywhere in this handbook anywhere in the chapters., throwing light on such cases.
The question remains whether the helpless widows can get pension shared only on a simple application to above mentioned CCA Office or will they have to the court of law for this. And will their say and request be admitted by the court after lapse of time of three yrs.? What is the possible and feasible easiest alternative which averts involvement of court of Law.The points is that we are all aware about the time required to get judgements from courts.
SHIRISH PAWAR, 7738990900
(Expert) 11 August 2021
As per my opinion, the second wife will not have any right over pension. The second wife will get a pension only if the first wife shares the pension amount off the record.
(Expert) 11 August 2021
The answer lies on the Pension Payment Order (PPO) with joint photograph of the pensioner with his wife who is entitled for Family Pension after his demise. The original PPO is with the pensioner.
(Querist) 13 August 2021
Sir, As the pensioner acquainted to me, please consider the following that :
1..The deceased pensioner was fully aware of his deliberate mistake (breach of conduct rules) of marrying with 2nd wife.And somehow divorce of the first wife could not be obtained from the court, as was necessary to regularise the his conduct as a Govt. servant and subsequent fear of losing benefits of regular pension /family pension. The fear pursued him through his span of service. That is why he managed to avert complaints about his 2nd marriage, to come on records of the office where he worked. He could not declare name of his second wife in papers as he was also afraid of disciplinary action at the time and on the verge of retirement., so he submitted incomplete papers ( mandatory for every retiring official) to his office without details of his family, joint photo, finger prints of any of the wife and whatsoever. as never wanted his first wife to get family pension benefits for she was not in his good books. His office reminded him to complete paperds before retirements, but he did not.His incomplete papers were lying on office record for a considerable time even after his retirement. Finally his office decided, (as it was bound)after waiting for sufficient time, and started his pension. The matter of family pension arises after his death. I am not sure about the attempts made by his first wife to get family pension. But I came to know about him from his second wife after 6 months of his death. None of the wives is in receipt of any pension/benefit till date, probably because of tense relations between them. My interest is both the poor ladies should get pension in these days of uncertainty, and fast changing ( rather declining) family values. Hence If suitable guidance is rendered here on this blog, I may ask them to approach the pension paying authority and pursue their case.If their application is accepted by the office, some of them will have to prove that one of the widow ( whose name may be available on initial office records) was a married wife of the pensioner. The other lady will naturally be deprived. So How can both the women be benefited. I don't know whether the case is a matter of few applications to office or they have to approach to court of law.. I don't think the ignorant ladies will resort to courtway.
Thank you for the interest shown, words of guidance.
(Querist) 13 August 2021
HIS PPO does not bear any joint photo.
(Querist) 13 August 2021
And the PPO copy, other pension sanction papers and office papers for a period of nearly 30-4- years are available with his 2nd wife, as he stayed with her and children for this period last.
(Expert) 13 August 2021
Pension Payment Authority (CPAO) or the Bank cannot sanction Family Pension if the PPO does not provide the particulars of the person entitled.
The matter needs to be taken up with the parent organization through an appropriate representation.
(Querist) 17 August 2021
Many thanks sir. The pensioner in this case was a BSNL employee.. BSNL is under the DOT of the GOI. The CPAO (or CCA in this case) sits at Mumbai and the BSNL HQ is situated at Sanchar Bhavan New delhi. And again, as the pension to BSNL retirees is paid by the GOI, BSNL HQ may not entertain representation, and may divert towards DOT. Kindly guide if you have better information about the appropriate authority. Thank you again for the courtesy pains taken.
(Expert) 18 August 2021
Your posting, from the beginning, is too officious, that too, on matters which need not be within your personal knowledge.
The representation needs to be submitted to the office from the employee has retired. The onus rest with them in disposing the same in accordance with the extant procedure. If need be, the matter could be followed up through RTI.
If the representation is rejected or there is no response within six months, the matter could be escalated by approaching the Central Administrative Tribunal.
(Querist) 28 August 2021
Sorry, that the posting got rebukes, But my endeavours are to help to the needy and helpless widows of a pensioner. I seek for apology for the mistakes if any. You have helped a lot here. Thanks again.