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Widows are entitled to family pension even after remarriage: CAT

Press Trust of India  |  New Delhi 

The Central Administrative (CAT) has said the of a deceased government servant is eligible for family even after

Administrative member ordered restoration of the family to resident (47), wife of late Pawan Kumar Gupta, an employee of the at the time of his death, saying Gupta had requested for transfer of the family in the name of her son after her re-without understanding the consequences.

The asked the to transfer the pension claim to her from her son's name within four months.

"Without understanding the consequences, she requested for transfer of the family pension in the name of her son after her However, the said family pension will become inadmissible after the son attains the age of 25 years," the said, adding that, "It has been held by the government that even in the case of of a widow, family pension can be given".

The bench rejected the contention of the ministry and said that she was "legally entitled for family pension under CCS (Pension) Rules, 1972" and there seems to be "no legal bar in re-transferring the pension in her name".

The had appointed Gupta as store keeper in 1998 on compassionate ground after the death of her husband the year before.

She was also granted family pension in accordance to Central Civil Services (Pension) Rules, 1972 and other retiral benefits were offered.

Gupta remarried after, which at her own request, the family pension was sanctioned afresh to their son, in 2002.

However, in 2013, she had sent multiple requests for restoration of her family pension, which was subsequently rejected every time and she was informed that she cannot be granted the pension since she had re-married.

During the course of the hearing, the for the ministry, reiterated that Extra Ordinary Pension Rules are applicable only when death of the employee is attributable to government service, which was not the case here and her claim for it after 20 years of her husband's death had no merit.

The ministry claimed that she had already been granted family pension under CCS (Pension) Rules as per her entitlement.

"The same was however transferred in the name of her son, on her own request and she cannot be allowed to change her request, intermittently, as per her whims," the ministry had said.

However, Gupta's contended that she was entitled to family pension as per an office memorandum of the Ministry of Personnel, which had held that "the childless of a deceased employee who had expired before January 1, 2006, shall be eligible for family pension in the light of sixth CPC's recommendations irrespective of the fact that the of the had taken place prior to/on or after January 1, 2006".

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Wed, September 12 2018. 17:15 IST