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PANDIAN SWAMYNATHAN   08 March 2022

Eligiblity to claim family pension from railway by a legalt separated wife

A Railway employee filed a case for divorce from his wife and got separatoon by a court of law as their marriage is nul and void. He retired from service with takimg all benefits from railway .He is eligible for pension under old pension scheme .Mean while He joined with her wife due to his poor health.After 5 years he expired .All medical expences and care are done by the wife .Both are not remarried..The wife went for appeal but not cotested the case as her husband realisef his mistake and reunion .Is the wife is eligible for family pension from railwsy 



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 2 Replies

Shashi Dhara   08 March 2022

It is considered as live in relationship and claim benifits on that .

Palak batra   08 March 2022

Dear Querist,

 

Family Pension is granted to the family of a Govt. servant in the event of his death while in service and also after retirement provided he was on the date of death in receipt of a pension or compassionate allowance.

 

In this case, as the husband and wife were divorced and didn’t remarry each other before the death of the husband leading to no status to the wife as a widow who is considered as category-1 people under getting pensions. She will be entitled as a divorced wife only and a divorced wife loses the status of a legally wedded wife and as such is not entitled to the award of family pension. However, the eligible child/children from a divorced wife shall be entitled to the share of family pension which the mother would have received at the time of death of her husband had she not been divorced under ccs(pension) rules, 1972.

 

Regards,

Palak


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