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Bhuvan (Asstt)     24 March 2011

family pension to unmarried daughter

Hi, I wish to get an opinion in a case: A government servant retires from government service 1973 and has been drawing pension till the date of his death in 1996. His wife too expires six months later. Out of 6 children, one of his daughters claims to be unmarried till date and has applied for Family Pension on the basis of DoP&T's O.M. in 2007 that family pension should be extended to unmarried daughters after the death of her parents. She had approached her father's office from where he retired to process her case for Family Pension. The office asked for certain documents which included a Succession Certificate. She submitted an Affidavit from a First Class Magistrate that she is the only unmarried daughter and all her siblings are married and employed/have monthly income of more than Rs.3500/-. In the Affidavit, her name is addressed as "Ms." while a lease deed issued by M/o Urban Development indicating that she is the daughter of the deceased govt. servant addresses her name as "Smt.". She has been repeatedly asked to produce a Succession Certificate. The Voter I-Card provided by her also proves that she is the daughter of the deceased govt. servant.

My Query is: On what basis does the office determine that the applicant is unmarried? What is the procedure to obtain a Succession Certificate and what is the correct format? Her purpose is to get Family Pension since 2007. Kindly advise.



Learning

 9 Replies

Isaac Gabriel (Advocate)     30 March 2011

 The legal heirship certificate issued by the revenue authorities will solve this problem.

RS Dudani (Director)     03 April 2011

Before issuing Pension Order for unmarried daughters, the pension sanctioning authority has to satisfy that :

(i) She is the legal daughter

(ii) she is unmarried.

For (i), the best proof is whether the Government Servant had himself informed the authorities about the name of the person, who is claiming to be daughter.  Normally, every Government Servant has to inform any additions in his family; name is mentioned in the CGHS Card; in Pensionary documents etc.  Whatever legal document can be produced, would be acceptable.  In case, no evidence is found from the records available with the Head of Office, succession certificate is the only course to determine.  Since the pension for unmarried daughters has been sanctioned only from 2007, and the pensioner may have died years back (as in your case), it is likely that all the records, service book etc. might have been destroyed and Pension sanctioning authority has no documents.  Succession Certificate is the only alternative.

(ii) As regads status of unmarried, cases have come across, where even married daughters have given affidavit of being unmarried and started getting pension.  The Pension Sanctioning Authority has to be carefull and will be within rights to ask for an acceptable proof.

RS Dudani

Col NR Kurup (Retd) (RTI Activists)     21 March 2012

Sir,

I bring to your notice the case of a poor unmarried daught of an Army sepoy.  Her mother was in receipt of family pension on death of her husband, a soldier. Unfortunatrly theCDA(P) Allahabad refused to her the family pension despite providing all ;the documents sought by them.  The CDA(P) in their latest letter No.G4/VII/PGO/P-4458/2012 dated 02-03-2012 replied her (Miss Edacholi Shylaja, D/O No.8798851 Late Sep M. Gopalan intimated that " in the light of instant government orders a child who is in receipt of children Allowance is not entitled to get family pension.  In this connection please refer to regulation 230(C) of Pension Regulation (Ar,my) Part-I and she is not eligible for family pension.

I am yet to see an order more stupid that this. Firstly  Pernsion Regulation (Army) Part I is already superceded by Pension Regulation for the Army (Part-I 2008 and this new Regulation does not have Secion 230.

The most astonishing fact is that there appears something wrong with the above interpretation.  If  unmarried children of defence personal who were geting childen Education Allowance is not entitled for family pension as a rule what hapen to the daughter of a soldier who was in receipt of children Education Allowance if married to a soldier and the soldier dies ? Does she forbidden from getting family pension even if her husband dies in war just because she as a child was receving children education allowance.

I request  for held for the above soldier's daughter

 

Col NR Kurup (Retd)

,colnrkurup@gmail.com>

Sudhir Kumar, Advocate (Advocate)     21 January 2013

claimant has to establish the claim

RS Dudani (Director)     22 January 2013

I agree with Sudhir.  Claimant has to establish the claim.  In case CDA(P) has quoted some irrelevant rule, you can write to Joint Secretary (EWS), Ministry of Defence, South Block, New Delhi-110011 with all necessary documents.

RS Dudani 

Sudhir Kumar, Advocate (Advocate)     22 January 2013

The receipt of CEA has nothing to do with pension claim.  An employee is not supposed to keep child uneducated so that she receives pension after his death.

 

The entitlement of daughter is subject to certain parameteres of being unmarried and of certain age. Nothing beyond.

 

In case representation has been sent and replied then the case can be file din AFT

sathya (Software)     22 April 2015

My aunty aged 50+ years and she is the only unmarried as well as un-employed daughter of my grandfather who retired as Sub-Treasury Officer. After his death, my grandmother got family pension.  My grandmother passed away few months back and we claim family pension for my aunty. When we submit the papers , they are not accepting stating the following reason

1. Service Registar is not there

What to do for this?

Revenue offcials are not giving "NO INCOME" certificate for my unemployed aunty. Instead they have given the income certificate as "36,000" per annum.

What is the procedure to avail "NO INCOME" certificate for my aunty?

 

Please guide me to proceed further.

 

SAMIR NARAYAN ROY   15 July 2015

Please send me draft affidavit regarding the above subject

Isaac Gabriel (Advocate)     15 July 2015

The tahsildar is the competent authority to issue certificate tothe effect that she is the unmarried daughter of the deceased pensioner along with the legal heirship certificate.Contact the pension disbursing authority who will be able to guide you in the proper way.It is already years old,but could be got sanctioned by follw up actions.

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