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varsha3p (no)     12 June 2013

Getting the pension of deceased divorsee husband

Dear friends,

After the death of my first husband,I married a divorsee man.He also had a daughter who is 30 year old.He worked in irrigation depatment in chattisgarh.After 1 month he met an car accident and died.

Since after remarriage I stopped my first husbands pension,so I have to approach second husband office to get pension and the amount that a persons family get after a person dies.The office asked us for succesion certificate from court because my name was not in office register.

.After fighting in court for 2 year I got succesion certificate.The court ordered the amount to divided in half between me and second husband daughter.So office gave the half sum[PF,security deposit,leaves benefits etc] to me and other half to HIS daughter.[His wife got nothing because she is divorsee and no longer the wife]

But they did not do anything about pension.When I approached them they told me that in courts order,the word pension is not included so they only gave me the sum that person family recieves after death

please answer following question

1>Can you tell me about the law act,under which the wife or the person holding the legal succession is entitled for pension?Do I have to file a case again with the court even if I have succesion order?

2>Also I have heard that children over 25 years of age cant get their father pension,please tell the act and rule number of this so that I can deny the appeal of HIS daughter(30 yr) for HALF pension.

3>Are the pension rules different for different states OR different departments OR central/state govt?If yes how can I get the pension rules that HIS office is following?

4>The corrupt court officials only gave me the copy of judgement and the original succesion order,but not the original judgement.How to get it because they say they are unable to find it.



Learning

 6 Replies

Adv k . mahesh (advocate)     12 June 2013

1>Now the question is can you tell me about the law act,under which the wife or the person holding the legal succession is entitled for pension?Do I have to file a case again with the court even if I have succesion order?

 

you said that the office denied to give pension as the court ha not mentioned about court so file a petition in the same previous case and requst the court to mention about the pension payment to you and submit the letter given by the office to the court 

 

 

2>Also I have heard that children over 25 years of age cant get their father pension,please tell the act and rule number of this so that I can deny the appeal of HIS daughter(30 yr) for HALF pension.

 

if the children are unmarried then the pension of their father can be granted (cg.nic.in/pensionersportal/) this will give you the information

 

 

3>Are the pension rules different for different states OR different departments OR central/state govt?If yes how can I get the pension rules that HIS office is following?

almost every state rules will be same only one or two points will be different and the pension rules will be decided by the office of the Accountant General for state government and your office is same 

 

4>The corrupt court officials only gave me the copy of judgement and the original succesion order,but not the original judgement.How to get it because they say they are unable to find it.

 

how do they missed it take the help of your lawyer and he will get the original copy 

varsha3p (no)     12 June 2013

Originally posted by : k . mahesh

1>Now the question is can you tell me about the law act,under which the wife or the person holding the legal succession is entitled for pension?Do I have to file a case again with the court even if I have succesion order?

you said that the office denied to give pension as the court ha not mentioned about court so file a petition in the same previous case and requst the court to mention about the pension payment to you and submit the letter given by the office to the court 


 2>Also I have heard that children over 25 years of age cant get their father pension,please tell the act and rule number of this so that I can deny the appeal of HIS daughter(30 yr) for HALF pension.

 if the children are unmarried then the pension of their father can be granted (cg.nic.in/pensionersportal/) this will give you the information

 3>Are the pension rules different for different states OR different departments OR central/state govt?If yes how can I get the pension rules that HIS office is following?

almost every state rules will be same only one or two points will be different and the pension rules will be decided by the office of the Accountant General for state government and your office is same 

4>The corrupt court officials only gave me the copy of judgement and the original succesion order,but not the original judgement.How to get it because they say they are unable to find it.

 
how do they missed it take the help of your lawyer and he will get the original copy 

Thank you sir.I am very frustated with the court case that I fight to get succession.I dont want to file a case again.Can succession will not be enough to get the pension?

I got this from some other site

Rule 47 of M.P. Civil Service (Pension Rules), 1976 (hereinafter called as 'Rules of 1976') provides contributory family pension and as per Rule 47 (6) the following persons are entitled for contributory pension which is as under:

47. (6) The period for which family pension is payable shall be as follows:

(i) in the case of a widow or widower, up to the date of death or remarriage whichever is earlier;

(ii) in the case of a son, until he attains the age of 21 years; and

(iii) in the case of an unmarried daughter, until she attains the age of 24 years or until she gets married, whichever is earlier.

 

I am sure there must be similar rules in Chattisgarh,thats why I think that his daughter is not elligible.Am I right?


how do they missed it take the help of your lawyer and he will get the original copy

Sir my lawyer is big cheat.He never shows in the court.He never picks up the call.

Adv k . mahesh (advocate)     12 June 2013

take any junior lawyers help who will help how to file the petition and also to get original copy 

varsha3p (no)     13 June 2013

thank you sir for your kind help.Please tell me if succession vertificate is enough to get pension or I must file new

petition.

varsha3p (no)     15 June 2013

why no reply?please help

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 June 2013

There was a Supreme Court decision about 30 years ago that if a widowed person remarries even after retirement, his surviving wife would be eligible for family pension. It was for a Central Government Servant. I see no reason why it should not apply to State Government servants also.


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