Family Pension Not Subject Matter Of Testamentary Disposition, Husband Can't Exclude Wife And Children From It By Filing Application: Kerala HC
1 month, 2 weeks ago

Family Pension Not Subject Matter Of Testamentary Disposition, Husband Can't Exclude Wife And Children From It By Filing Application: Kerala HC

Live Law  

The Kerala High Court held that an employee cannot make a representation that his legally wedded wife or other dependents are not entitled to claim the family pension. “Family pension unlike the other pensionary benefits like provident fund, gratuity etc could not be a subject matter of testamentary disposition by the employee during his lifetime. The High Court affirmed the decision of the Tribunal saying that an employee has no right to direct how to dispose the family pension. In Violet Issaac and others v Union of India, the Supreme Court held that employee cannot dispose family pension by testamentary disposition as it is not part of his estate.

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History of this topic

Kerala High Court Grants Extraordinary Family Pension To Kin Of CRPF Personnel Who Died On Duty, Denied On Allegation Of Being Inebriated
3 weeks, 3 days ago

Kerala High Court Grants Extraordinary Family Pension To Kin Of CRPF Personnel Who Died On Duty, Denied On Allegation Of Being Inebriated

Live Law  

The Kerala High Court recently granted extraordinary family pension to the wife of a deceased CRPF personnel who died during the course of his duty due to drowning in a tank of water while employed as Constable General duty in the 85th Battalion deployed in Chhattisgarh. When the CRPF authorities themselves have found that the death of the petitioner's husband …

Service Rules Do Not Debar Legally Married Second Wife Of Deceased Railway Employee From Claiming Pension: Andhra Pradesh High Court
1 month, 3 weeks ago

Service Rules Do Not Debar Legally Married Second Wife Of Deceased Railway Employee From Claiming Pension: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has clarified that Rule 75 of the Railway Services Rules, 1993 does not bar a Hindu second wife from claiming pension benefits, more so when the second marriage was performed after demise of the first wife. The Court was dealing with an appeal filed by the Railways challenging a Trial Court order granting succession certificate …

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court
1 month, 3 weeks ago

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court

Live Law  

The Delhi High Court has observed that the family pension being received by legal heirs of a deceased cannot be considered for calculating compensations towards 'Loss of Dependency' payable under the Motor Vehicles Act. At the outset, the High Court remarked that monetary compensation has to be granted in a just and fair manner so as to alleviate any financial …

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court
2 months ago

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court

Live Law  

The Madras High Court recently observed that the Indira Gandhi National Old Age Pension Scheme did not contain any specific provision that excluded persons who were being taken care of by their relatives. Thus, Justice GK Ilanthiraiyan ordered benefits to be given to an octogenarian whose application for old age pension was rejected due to the fact that he was …

Cause Of Action For Claiming Family Pension Arises Only Upon Death Of Pensioner; Speculative Claims Not Valid: Delhi HC
2 months, 1 week ago

Cause Of Action For Claiming Family Pension Arises Only Upon Death Of Pensioner; Speculative Claims Not Valid: Delhi HC

Live Law  

Delhi High Court: A Single Judge Bench of Justice Neena Bansal Krishna ruled that a claim for family pension requires a valid cause of action, which only arises on the death of the pensioner. It ruled that family pension under Rule 50 of the Central Civil Services Rules, 2021 is only triggered upon the pensioner's death, and speculative claims based …

Family Pension Denied Due To Non-Provincialisation Of Service Before Death; Gauhati HC Suggests To make Fresh Plea To Governor
2 months, 3 weeks ago

Family Pension Denied Due To Non-Provincialisation Of Service Before Death; Gauhati HC Suggests To make Fresh Plea To Governor

Live Law  

Gauhati High Court: A Single Judge Bench of Justice Robin Phukan disposed of a writ petition filed by a widow seeking family pension under the Assam Services Rules, 1969. The court held that family pension could not be granted since the petitioner's husband's service was not provincialised before his death. Court's Reasoning The court first noted that while Sachindra Das' …

When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court
3 months, 1 week ago

When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court

Live Law  

Rajasthan High Court has accepted the petition by the first wife of a deceased government employee for family pension on the grounds that no valid divorce took place between them since “social divorce” was not recognized by our legal system. In this light, since the marriage with the second wife was not valid as per the Hindu Marriage Act, 1955, …

Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC
3 months, 1 week ago

Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC

Live Law  

Rajasthan High Court rejected a bunch of writ petitions filed by daughters claiming family pension pursuant to their respective parents' death who were government employees, on the basis of them attaining status of a widow or a divorcee, subsequent to their parents' demise. It was also pointed out that now, the Finance Department had also clarified that daughter of a …

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench
4 months, 1 week ago

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench

Live Law  

The Punjab & Haryana High Court has referred the question to larger bench on whether pension of the judgement-debtor in execution proceedings arising from maintenance order can be attached.Justice Harpreet Singh Brar explained that neither the maintenance allowance granted to the wife or minor children can be considered to be a 'debt' nor the wife or minor children can be …

Pension Is Employee's Savings, Can Only Be Denied In Cases Of Fraud & Not Due To Pending Litigation Regarding Caste Status: Kerala High Court
11 months, 2 weeks ago

Pension Is Employee's Savings, Can Only Be Denied In Cases Of Fraud & Not Due To Pending Litigation Regarding Caste Status: Kerala High Court

Live Law  

The Kerala High Court directed the disbursal of pensionary benefits to a woman who retired in 2013, stating that she had not committed any fraud even though issues regarding her caste status were pending before the Court. The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen stated that the pension cannot be denied to the petitioner due …

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court
1 year, 2 months ago

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court

Live Law  

The Madras High Court recently observed that as per a Government Order issued by the Labour and Employment Department, the family pension of a deceased employee need not be considered while assessing the income of the family while considering an application for compassionate appointment. The court also noted that as per the Government Order, when a person in the family …

Karnataka HC Allows Plea For Family Pension By 2nd Wife Of Deceased Railway Employee, Says Pension Rules Recognises Equal Share For Widows
1 year, 2 months ago

Karnataka HC Allows Plea For Family Pension By 2nd Wife Of Deceased Railway Employee, Says Pension Rules Recognises Equal Share For Widows

Live Law  

The Karnataka High Court has allowed a petition filed by the second wife of a railway employee seeking the release of 50% family pension by the authorities on the death of the employee in the course of employment. The bench said “The Pension Rules recognize equal share in family pension in such a situation. If the Rules did not envisage …

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court
1 year, 6 months ago

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court

Live Law  

The Kerala High Court recently held that there was no impediment for the Indian Army in granting family pension to the second wife of a deceased serviceman even if the first marriage was not dissolved legally, as long as the first wife was not interested in the pension. Justice Devan Ramachandran observed that the Indian Army could consider the claim …

Accounts Office Can't Overturn Pension Claim When There Is Positive Declaration By Authorities: AFT Grants Relief To Widow 24 Yrs After Pilot's Death
1 year, 6 months ago

Accounts Office Can't Overturn Pension Claim When There Is Positive Declaration By Authorities: AFT Grants Relief To Widow 24 Yrs After Pilot's Death

Live Law  

The Chandigarh Bench of Armed Forces Tribunal recently granted 'Liberalized Family Pension' to the wife of a deceased Air Force Pilot whose helicopter crashed due to the treacherous weather conditions while undertaking life saving missions in 1999 in Himachal Pradesh. A Special Family Pension was sanctioned to the Pilot's wife in 1999 but the respondents rejected her claim for Liberalised …

Armed Forces Tribunal At Srinagar Grants Family Pension To A Widow 48 Yrs After Her Husband's Retirement From Indian Army
2 years, 3 months ago

Armed Forces Tribunal At Srinagar Grants Family Pension To A Widow 48 Yrs After Her Husband's Retirement From Indian Army

Live Law  

The Srinagar bench of Armed Forces Tribunal recently granted pensionary benefits to a widow, 48 years after her husband's retirement from the Indian Army. Deciding the matter the Division bench of the tribunal observed that the respondents have erroneously rejected the claim of the applicant for the grant of ordinary family pension. While drawing this conclusion, the bench took support …

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC
2 years, 5 months ago

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC

Live Law  

The Kerala High Court recently observed that as per the provisions of the Railway Services Rules, 1993, a railway servant compulsorily retired from the service as a penalty has no vested right to stake a claim for the entire pension or gratuity, as the quantum of pension and gratuity to be granted is at the absolute discretion of the employer. …

Pension Is Deferred Salary, Right To Pension A Constitutional Right: Kerala High Court
2 years, 7 months ago

Pension Is Deferred Salary, Right To Pension A Constitutional Right: Kerala High Court

Live Law  

The Kerala High Court recently held that the right to pension is a constitutional right and that pensions cannot be paid to retired employees merely at the whims and fancies of the employers. Justice V.G Arun observed that pension is deferred salary and the right to the same is akin to the right to property under Article 300A of the …

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court
2 years, 8 months ago

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court

Live Law  

The Kerala High Court on Friday held that the production of succession certificate is mandatory as per Section 214 of the Succession Act when the decree holder dies in cases where the decree amount comes under the category 'debts' or 'securities'.Justice A Badharudeen further added that when the decree holder dies after the deposit has been made, an exemption is …

"No Concept Of Bigamy In Hindu Religion; Second Wife Not Entitled To Family Pension In Presence Of First Wife": Gauhati High Court
2 years, 9 months ago

"No Concept Of Bigamy In Hindu Religion; Second Wife Not Entitled To Family Pension In Presence Of First Wife": Gauhati High Court

Live Law  

The Gauhati High Court has observed that in the Hindu religion, there is no concept of Bigamy and therefore, a second wife is not entitled to a family pension in the existence of the first wife.The bench of Justice Sanjay Kumar Medhi observed thus in a case wherein Petitioner had moved the Court seeking family pension claiming herself to be …

Wife Eligible for Family Pension Even if She Murders Husband, Says Punjab and Haryana Court
4 years, 1 month ago

Wife Eligible for Family Pension Even if She Murders Husband, Says Punjab and Haryana Court

News 18  

The Punjab and Haryana High Court recently said that a wife would be eligible for family pension even if she murdered her husband. The wife cannot be deprived of the family pension even if she murders her husband. Wife is entitled to family pension even if she is convicted in a criminal case,” the court observed on January 25, according …

Woman Who Solemnizes 'Kareva' Marriage After Death Of Her Husband Is Not Entitled To Receive Widow Pension: Punjab & Haryana HC [Read Order]
4 years, 8 months ago

Woman Who Solemnizes 'Kareva' Marriage After Death Of Her Husband Is Not Entitled To Receive Widow Pension: Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court has clarified that a woman who solemnizes 'Kareva' marriage after death of her husband, is not entitled to receive widow pension as she is no longer a "destitute". 1,82,727/- that was released to her towards widow pension under the 'Haryana Pension to Widows and Destitute Women Scheme Rules, 1988-1989', on the ground that she …

Father's Pensionary Benefits Not Exempt From Attachment Towards Payment Of Maintenance To Children : Kerala HC [Read Judgment]
5 years, 1 month ago

Father's Pensionary Benefits Not Exempt From Attachment Towards Payment Of Maintenance To Children : Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that a father's pensionary benefits are not immune from attachment towards payment of maintenance to children. Dias was considering the question whether the father's pensionary benefits are exempted from being disbursed towards arrears of maintenance payable to his children.This was in an Original Petition. Dias was considering the question whether the father's pensionary benefits …

Government Servant Is Not Eligible To Make Will Of Family Pension: Chhattisgarh HC [Read Judgment]
5 years, 10 months ago

Government Servant Is Not Eligible To Make Will Of Family Pension: Chhattisgarh HC [Read Judgment]

Live Law  

The Chhattisgarh High Court has held that a Government servant is not eligible to make a Will of family pension. In the revision petition, issue considered by the High Court was whether the Government servant can make a testamentary disposition of all his retiral benefits or it has to be disbursed in accordance with the rules and regulations governing the …

Family Pension Not Part Of Anyone’s Estate To Be Disposed Of In Will: SC [Read Judgment]
8 years, 5 months ago

Family Pension Not Part Of Anyone’s Estate To Be Disposed Of In Will: SC [Read Judgment]

Live Law  

Only the person who is entitled to get it as per the relevant pension scheme would get it, the Bench observed.The Supreme Court in Nitu vs. Sheela Rani, has held that family pension does not form part of the estate of the deceased and it is to be given under the provisions of the relevant pension scheme.The high court, in …

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]
9 years, 3 months ago

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]

Live Law  

The Madras High Court Madurai bench while hearing a case relating to allowing family pension to the second wife held that officials should not insist on production of marriage certificate from Tahsildar or Registrar or District Court for sanctioning family pension when a widow produces 'heir' certificate.The Writ petition was filed by G. Pushpam, the widow of Late A. Ganesan …

Woman gets family pension 50 yrs after husband's death in Odisha
11 years, 5 months ago

Woman gets family pension 50 yrs after husband's death in Odisha

India TV News  

Kendrapara : A septuagenarian widow has received family pension after waiting for over half a century for it. 77-year-old Harapriya Devi, whose husband died while serving as a lecturer in English department in Bhubaneswar's BJB College died in 1962, received the pension in September this year.Her husband Janakinath Nanda Choudhury had served in Odisha's premier college from 1954 to 1962 …

‘Pension cannot be denied without authority by law’
11 years, 6 months ago

‘Pension cannot be denied without authority by law’

Hindustan Times  

Treating a citizen's right to receive pension and gratuity as right to property, the Supreme Court has ruled that no government employee can be deprived of this right even if departmental or criminal proceedings are pending against him. "This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A …

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