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Who gets pension if there is no husband or wife, know the rules. Maharashtra Family Pension Case Explained | Government Employees

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While hearing a case, the Supreme Court said that if the widow of a government employee adopts a child after the death of her husband, she will not be entitled to family pension. In fact, Shridhar Chimurkar of Nagpur, Maharashtra retired from government service in the year 1993. He died in 1994. In 1996, his wife Maya Motghare adopted Ram Shridhar Chimurkar as a son. The court also said that legally adopted children during the lifetime of a government servant are entitled to family pension.

today news of need I will know what are the rules regarding family pension, till when the children get family pension, what is the right of the parents of the deceased in this and how and how much pension is received for taking a compassionate job.

Today’s experts are…

  • Ashok Pandey, Advocate, Bombay High Court
  • Sachin Nayak, Advocate, Supreme Court and Madhya Pradesh High Court

Question: What are the rules for getting family pension?
answer:
After retirement from the job, the Central Government gives pension to many employees. After the death of the employee, family pension is given to those members of his family who are dependent on him. The Department of Pension and Pensioners’ Welfare tells about the basis on which family pension is given.

These are some rules related to family pension…

  • The government servant will not have any control over the family pension. The employee cannot decide to whom the pension will be given thereafter.
  • Government servant cannot nominate anyone. After his death, family pension will be given only to the family members.
  • Family pension will be given to a government employee only after working continuously for at least 1 year.

Question: For how long do children get family pension?
answer:
These are the rules for children to get family pension on the death of a government employee…

  • In the case of children, the eldest child gets the family pension first.
  • If there are twin children in the family, both will get equal family pension.
  • Unmarried son gets family pension till he completes 25 years or till he gets married or gets a job.
  • If both husband and wife were in government service and both die, then the surviving children will get two family pensions of both mother and father.
  • If a child is adopted by the husband or wife after the death of the Government servant, he will not be considered as a member of the family. He will not be entitled to family pension.

This is the rule for disabled children…

  • If the child of a government employee is disabled (physically and mentally) and does not have any means of earning even after attaining the age of 25 years, then family pension will be given for life.
  • Lifelong family pension will be given to disabled children only when there is no younger brother or sister.
  • If the child is a minor, the family pension will be given through the guardian.
  • Family pension will be given to physically and mentally challenged children even after their marriage.

This is the rule for the daughter…

  • Family pension will be given to unmarried or widowed or divorced daughter till her marriage or second marriage or till she takes up a job. There is no age limit in this.
  • The daughter will get pension after 25 years only when all the unmarried children of the deceased cross the age of 25 or start earning.
  • If the deceased also has a disabled child, then he will get family pension first. Unmarried, divorced or widowed daughter will get family pension only when her eligibility for family pension ends.
  • If the process of divorce of the daughter of the government servant has been started in the court while the government servant is alive and the divorce is granted after the death of the government servant, she will still be eligible for family pension.

Question: Can the right to get family pension be taken away under any condition?
answer:
Yes, of course. The right to receive family pension can be taken away if the pensioner is found guilty of murder or abetment of murder of a government servant. In such a situation, the family pension is given to the eligible member after that member.

Question: If the wife of the deceased remarries, will she continue to get pension?
answer:
Family pension is given to the spouse of the deceased for life. If the wife of the deceased does not have any child and does not have any means of earning, then she is given pension even after remarrying.

Question: If the wife of the deceased takes up a job, will she be entitled to pension?
answer:
If the wife of the deceased takes a compassionate job, she will not be entitled to family pension.

Question: Will the adopted child also get pension?
answer:
An adopted child has the same rights as a biological child. Therefore, the adopted child will also be entitled to family pension. However, a child adopted after the death of a government servant will not get pension.

Question: Can an adopted child also do a compassionate job?
answer:
Yes, of course. If the adopted child is eligible for that job then he can do a compassionate job.

Question: Is the live in partner of the deceased entitled to pension or compassionate job?
answer:
A live-in partner is given the same status as a marriage, but it is not considered a marriage. Hence the live-in partner will not get pension or compassionate job. But children born in live-in relationships have the right to pension and compassionate jobs. For this, they have to take NOC from the rest of the children.

Question: What are the rules regarding parents getting family pension?
answer:
These are the rules regarding parents getting family pension…

  • If there is no surviving widow or eligible children after the death of the Government servant and if the parents were wholly dependent on the deceased, they will be given family pension.
  • In this situation first the mother and then the father will get the family pension.
  • The family pension which will be given to the parents will be given till their death.

Understand how much family pension is available from the creative written below…

zkk24th january slide2 1674480695

Question: If the parents and wife of the deceased live separately, will both get separate pension?
answer:
No, it will not happen. Will get only one pension.

Question: Does the wife need the permission of the parents of the deceased to take up a compassionate job?
answer:
If a government servant is married and dies, the wife will need NOC from her parents to get a compassionate job.

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