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Bhavani Singh (others)     03 July 2016

Claiming family pension

Hello

My query relates to army pension of my late father. Hope this is the right forum for asking.

My late father served in the Army for some time before taking voluntary retirement. At the time of his death in 1991, he was in receipt of a small pension from the Army, which my mother was able to claim for a few years. However my mother herself served in the Military Nursing Service. After a few years she was  transferred to successive distant postings which made it difficult for her claim my father's pension. Later, when she herself was close to retirement, she was advised by colleagues to not claim my father's pension at all, as it was a small amount, compared to that which would be due to her owing to her longer service and higher rank. Additionally, she was told that if she was in receipt of my father's pension, it would reduce the amount of her own pension.

As a result we have not claimed my father's pension since 1995. My mother is in receipt of her own pension along with a small disability pension owing to physical disability she suffered while in service.

Is it possible for us to now claim my late father's pension, given that we haven't claimed it for the last 21 years? Also since my mother mentioned in her documents that she was NOT in receipt of any other pension at the time of her retirement, would we still be entitled to my late father's pension? If yes, would it affect the amount she is currently receiving?

Thank you in anticipation.
Regards
 
 


Learning

 8 Replies

Kumar Doab (FIN)     03 July 2016

LCI Expert Dr. J. C. Vashista is from defence background.

You may send a PM to him for his counsel.

 

Sudhir Kumar, Advocate (Advocate)     03 July 2016

You hae actually hiddel some vital facts.  You have noty stated the ranks of your father and mother.

 

you asked

 my mother was able to claim for a few years.

 

Please state the actual reason why she did not claim.

However my mother herself served in the Military Nursing Service. After a few years she was  transferred to successive distant postings which made it difficult for her claim my father's pension.

 

This cannot be the reason.  Please elborate actual reason.

Later, when she herself was close to retirement, she was advised by colleagues to not claim my father's pension at all, as it was a small amount, compared to that which would be due to her owing to her longer service and higher rank.

So she disliked him to that extent?

Additionally, she was told that if she was in receipt of my father's pension, it would reduce the amount of her own pension.

Hard to believe that an officer can agree to such redicolous arguments.

 

You have also not stated as to whether pension was now claimed or not and if so what the CDA has said. 

 

Sudhir Kumar, Advocate (Advocate)     03 July 2016

Also since my mother mentioned in her documents that she was NOT in receipt of any other pension at the time of her retirement, would we still be entitled to my late father's pension? If yes, would it affect the amount she is currently receiving?
 

THER EIS NO SUCH CLOLUM IN PENSION PAPAERS.  IF A PERSON IS DRAWING FAMILY PENSION OF SPUCE THIS IN NO WAY AFFECTS HIS /HER OWN PENSION.

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     03 July 2016

You can obviously claim the pension of your Late Father. Mail me the complete details to shreshta.advocate@gmail.com

Sudhir Kumar, Advocate (Advocate)     04 July 2016

Even Ld member volunteering to help you need full facts.

Kumar Doab (FIN)     04 July 2016

Querist can benefit from the advise of experts.

Bhavani Singh (others)     04 July 2016

I thank all experts for their helpful advice.

 

@Kumar Doab sir - Dr Vashista has been kind enough to counsel me via PM.

 

@ShreshtaSandesh  - ma'am thank you for your kind offer of help. Will surely get in touch soon if i need further advice.

 

@Sudhir Kumar Sir - At the time of retirement my father held an NCO (OR) rank and was a driver with the Military Transport. The reason for not claiming pension after 3 years was the same as i mentioned. The Pension claimant has to appear before Pension Disbursing Bank once every year failing which pension may be stopped. In this case the PDB was located in Pathankot while my mother had successive postings in Kochi (Kerala) and Secunderabad (AP). In the 90s this meant a 3 day journey one side, leaving behind two young children and a handicapped sister all dependent on her. As for officers being ignorant, not all officers in the army come from elite backgrounds. Both my parents came from remote villages and were the only members of their family to complete 12 years of schooling from village schools. Neither was a graduate at the time of joining.My mother completed graduation through correspondence after retiring from the Army at the age of 58.Most of my extended family still work as farmers in the village. So there was no support system to advice in such matters, which makes a big difference in the way people approach the system, often trusting in the advice of friends and colleagues who themselves come from similar backgrounds and maybe none the wiser.

Kumar Doab (FIN)     05 July 2016

It is good to note that you are satisfied with illustrated advise and and may act as per advice.


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