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rakesh (NA)     17 October 2015

non payment of family pension to second wife

dear sir, an retired govt employee (Mr.X)has two wives both are own sisters.Elder sister is also govt employee, died in a road accident in Jan 2007. Mr.x got the family pension of deceased wive from Jan 2007 onwards. In March 2008 Mr.X retired and started receiving pension from said month. In the month of Nov'12 bank intimated that family pension of Mr.X be stopped to given by Mr.X pension dept and all the sum received as family pension be recovered from Mr.X pension on the ground that Mr.X got remarried. Because of one of the clause in family pension sanctioning letter was family pension will be given until the date of remarriage or death whichever is earlier to Mr.X but Mr.X got married deceased wife sister before her death by taking the consent of deceased wife of which document was filed with employer of deceased wife. Mr.X also intimated about the sister of deceased wife as nominee with his employer 8yrs back. So my question is whether what the pension department has done recovering family pension from Mr.X's pension is right under the clause of remarriage. Mr.X didn't received any notice of his pension be stopped and family pension recovered but such notice was sent to the banker only. My opinion is as Mr.X got second marriage before the death of deceased wife so the clause of remarriage will not apply and if the clause is applicable pension dept should stop giving family pension and shouldn't recover from Mr.X as the default lies on pension dept. because after proper verification only it sanctioned family pension to Mr.X and he already stated his second wife as nominee with his employer before the death of the deceased wife. Mr X dead in Nov 2013. So please suggest me whether Mr.X is eligible for family pension or not before his death and whether family pension can be recovered from his pension. And after his death in Nov 2013 PPO and other documents for family pension of second wife were submitted to concern bank from where Mr X use to receive his pension but till now no pension received to second wife and recently also same documents where submitted to railway authority but still second wife didn't receive any pension. Kindly let us know the remedy


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 2 Replies

advocatepassy@gmail.com 971794 (Advocate)     17 October 2015

Mr X's second marriage with sister of his wife, when she was alive is itself void.  He could have gone to jail.  Now he is no more.  This condition of remarriage is primarily for ladies as their husband are supposed to take care of them, if they remarry.  So getting pension for his first wife was wrong and if anyone gets wrong payment, whether intentionally or by mistake of the Deptt, he is supposed to pay it back in its entirety 

rakesh (NA)     21 October 2015

What about pension to second wife.

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