raj 07 December 2023
Sanskriti Tiwari 07 December 2023
The eligibility for family pension post the death of a government servant is primarily governed by the rules outlined in the respective service rules and pension regulations. The situation you've described involves complexities that can impact the entitlement to family pension.
Under the Central Civil Services (Pension) Rules, 1972, family pension is typically granted to the spouse of the deceased government servant. However, certain conditions apply. In instances where a government servant has a living partner in a relationship akin to marriage (though not legally married), the matter becomes contentious.
In the case of "Sarla Verma vs. Delhi Transport Corporation & Others (2009)", the Supreme Court of India held that a woman in a live-in relationship could be eligible for claiming the status of a legally wedded wife for the purpose of claiming a family pension, provided certain conditions were met.
The determination of eligibility for family pension in situations involving a deceased government servant having a live-in relationship outside of marriage is often decided based on the specific circumstances, legal precedents, and relevant documentation to establish the nature of the relationship.
Your father's entitlement to family pension might depend on various factors such as the legal recognition of the relationship, any relevant documentation proving the relationship's nature, and precedents set in similar cases. Consulting a legal expert familiar with pension regulations and case laws would be advisable for a more precise understanding of your father's eligibility in this particular scenario.
T. Kalaiselvan, Advocate (Advocate) 08 December 2023
Family pension is payable to widow or widower up to the date of death or re-marriage, whichever is earlier.
amily pension is admissible after the death of the pensioner. If the pensioner was having a spouse at the time of retirement, family pension to his/her spouse is sanctioned and authorized at the time the pension is authorized and the same is indicated in the PPO.
In this case he has not remarried the other woman, hence he is elgible for family pension.
Sudhir Kumar, Advocate (Advocate) 09 December 2023
Give facts indicate that :-
He is entitled for family pension and given facts do not stop him from getting it in any manner (unless you have more facts to share)
raj 10 December 2023
T. Kalaiselvan, Advocate (Advocate) 10 December 2023
Whether your father nominated her in the bank account or LIC, she can only receive the money but cannot retain it, except the legal heirs the third parties cannot claim them as a right.
Sudhir Kumar, Advocate (Advocate) 11 December 2023
Originally posted by : raj
Dear Experts,thanks for your valuable replyI want to share one more fact that my father had nominated that live in partner as wife in all bank accounts and lic policy before the death of my mother. that lady has also used my father's name as his wife.I have a documents to prove my point.Thanks & RegardsRaj
why you cannot disclose facts in one go. what do you gain by playing hide and seek with experts at this free forum.
anyway now you have intorudced that :-
all these facts are irralevent to assail his eligibility of pension, as long as
the fact that he is married to "X" and nor divorced and yet he is claiming to be husband of "Y" can be used to seek disciplinary action against him if the matter is complained to his department. Bigamous marriage is not only an act of indiscipline of govt servant rather a matter of vilation of basic terms of employment in offer of appointment and also undertaking given at the time of joining service.
these facts can be used to stop that lady fromclaiming his pension if he dies and to sop him from nominating her in pension papers. She alsocan be stopped from taking free medical treatment as spouce of govt servant.
In case she is also a govt servant then her department will also be bound to take action against her.