Mother claiming money after the death of her son

643 votes

When a Government employee dies while in service, the members of his family are eligible to get the following benefits. Encashment of leave, Special Provident fund-cum Gratuity, G.P.F balance, T.A. to go to native place, Advance to meet funeral expenses, transport expenses, to take dead body of the official to native place, lump sum payment under Employees Family Security Fund, Relief under house building advance, Educational Allowance to children, Compassionate Ground appointments to dependents, DCR Gratuity, Family Pension, Dearness Allowance, Medical Allowance, Pongal Gift. The salient features of these items except family pension are explained in Part I & II. The various aspects of Life Time Arrears and Family Pension are indicated below :



10.2 Life Time Arrears

(I) On the death of the Government employee, the members of the family or legal Heirs are eligible to claim the duty pay and allowances due to the employee or the leave salary upto the date of death if he had been on earned leave. They are also eligible for any arrears due to him consequent on sanction of increments or fixation of pay.

(ii) The following authorities have full powers to sanction the life time arrears of salary due to the family of the deceased government servants, under article 80(b)(1) of T.N.F.C Volume I

SL No.

Sanctioning authority

To Whom sanction to be Accorded

1.

Head of Office

Subordinates to the Head of office

2.

Head of Department /
Secretary to Government

Subordinates working in the office of the Head of Department / Secretary to the Government and Heads of Offices

3.

Government

All Heads of Departments

(G.O.336, Fin dated 21.07.1999).



10.3 Family Pension

i) The System of Family Pension was given effect to from 01.04.1964. in a very restricted way. As per pension rule 49(2) (a) if the Government employee dies after completion of not less than one year continuous service at any time during his service, the family of the deceased was entitled to a family pension as follows with effect from 1.04.1979

At least one year service 30% of pay min Rs.100 Max Rs.500

In such cases D.A. was not allowed (G.O. 748 Fin 26.05.1979 ).

In respect of the persons who died prior to 01.04.1964 the family pension to the surviving members of the family was allowed from 01.04.1979 ( G.O. 748 Fin 26.05.1979).

ii ) In the event of death of a Government employee, while in service after having put in not less than 7 years of continuous service, the rate of family pension shall be equal to 50 % of the pay last drawn or twice the family pension admissible @ 30% of pay last drawn or Rs.500 which ever is less from the date following the date of death of the employee, for a period 7 years or for a period upto the date on which the deceased employee would have attained the age of 65 years had he survived which ever is less. (Rule 49 (3) (a)).

iii ) Family Pension is not admissible in cases of family of an employee whose services were regularised and any one of the family was appointed under Compassionate grounds if he died before completion of one year of service G.O.967 Fin 29.08.1989 Letter 64990/93-2/Fin 26.10.1990 .

iv ) In case of Unmarried Government Employee, Family Pension is payable to Father, failing which to the mother who were dependent on the deceased employee for support. Rule 49 (4)(d) G.O.480 Fin 21.05.1977.

v ) If an employee dies after having put in service of one year but less than 7 years, and is not survived by a widow or widower but is survived by child or children, such child or children are eligible for family pension if it is higher than that sanction under Extraordinary Pension Rules, if any. Rule 49 (4)(c).

vi ) If the Husband has another wife living at the time of death of the female employee, it is the same as remarriage and the husband is not entitled for family pension. If the minor child is alive, the family pension could be paid through the father as guardians of the child subject to the recognition of his legal guardianship. Letter 107397/83-4 Fin 02.02.1985.

vii) Provisional Family Pension : In the case of death of a Government official while in service, the Head of Office shall sanction provisional family pension to the eligible member of family without insisting legal heir ship certificate to whom the lump sum amount of Rs.5000/- was paid for funeral expenses. It is adjustable against the regular family pension payable. ( GO 196 Fin 17.05.1999)



10.4 On the Death of Pensioners

a) Life Time Arrears

The legal heir or nominee of the pensioner who is dead, is eligible to claim life time arrears of pension. Under T.R.16 S.R.88, the pension is payable upto the day of death of the pensioner irrespective of the hour of death. The pensioner has to file a nomination with the pension disbursing Officer in favour of is family member in form A. If there is nomination, legal heir ship certificate and No Objection certificate from family members are not necessary and the production of death certificate is adequate for the payment of life time arrears. (G.O.562 Fin 26.06.1987, 054928/91-9 Fin 27.02.1992, 104654/92-12 Fin 14.10.1992) However nomination for L.T.A. of Family Pension is not necessary as the right to receive L.T.A. of family pension pass on to the next eligible member as per rule 54 and Letter 3036/96-3 Fin 11.07.1996.



b) Enhanced Family Pension

In the event of death of a pensioner, the provision of payment of enhanced family pension indicated as in para 10.3 (ii) above, shall apply and such payment shall be made for a period of seven years or for a period upto the date on which the deceased pensioner would have attained the age of 65 years had he survived whichever is less. Pension Rule4 (3)(c) (G.O. 768 Fin 21.8.89).



10.5 Family Pension on the death of a Pensioner

i ) If a pensioner dies, his family is entitled to family pension as follows under rule 49 (2)(b).

Pay % Minimum Maximum

Prior to 1.04.1979 Rs. Rs.
Below 200 30 50 --
Rs.200 & above 15 60 --
But below Rs.800
Above Rs.800 12 150 300
From 1.04.1979 30 100 500
From 01.04.1982 125 500
From 01.10.1987 235 800
From 14.12.1987 235 1000
From 01.04.1988 245 1000
From 1.06.1988 30 375 1250
From 01.01.1996 1275 30% of Maximum
pay of the highest
scale of Pay.

As per G.O.200 Fin 18.05.1999 the family pension was raised to the level of 30 % of the minimum of the revised the scale of the pay applicable to the post held at the time of retirement / death of the employee or 30% of the pay last drawn which ever is higher from 01.01.1996. (Minimum Family Pension Rs.1275 and Maximum: 30% of Maximum pay of the Highest scale of pay).

Family Pension is admissible in respect of all the pensioners – super annuation, compensation, invalid, retiring, compulsory pensioners. When a person dies in harness while in service, family pension is admissible as follows:

Has put in at least one year of service 30% of pay with minimum Rs.100 and Maximum Rs.500. Retirement after one year of service but not adequate service for pension minimum Rs.100 and maximum Rs.580. No family pension if he has not put in one year service. (G.O. 748 Fin 26.05.1979).

ii ) If the pensioner dies after retirement, the family pension is payable to the widow / widower upto the date of his / her death or remarriage which ever is earlier. In respect of son and unmarried daughter upto the age of 25 years or until the daughter gets married which ever is earlier. ( G.O.387 Fin 30.05.1988, 283 Fin 07.04.1995).

iii ) If the son / daughter of the pensioner is suffering from any disorder or disability of mind or is physically crippled or disabled, and unable to earn livelihood, a family pension shall be paid to him or her for life after exhausting the priority like widow or widower or son first, second or unmarried daughter until the last person attains the age of 25 years. ( rule 49(6)proviso ) Such family pension shall be paid through the guardian as if he or she was a minor or mentally retarded son or daughter. To support such a claim, a certificate to the effect of the disability from a civil surgeon has to be produced to the sanctioning authority every 3 years. Necessary certificate on the disability or unmarried status has to be furnished by the guardian every month to the treasury or bank. G.O.783 Fin 16.09.1994.

iv ) If a widow is not survived by any child, the family pension shall cease to be payable.

v) Legally wedded wives:- The second wife gets the status of legal wife in two cases : Second marriage solemnised before coming into force of the Hindu Marriages Act as per the customary law among the community ; and the second marriage solemnised as per legal requirements in the case of persons governed by Mohemmaden law where bigamy is permissible. In these cases, second wife is eligible to have the family pension. The child born to the wife other than those covered by the above two cases is treated as illegitimate and not eligible for family pension. Letter 112351/90-4 Fin 02.06.1992, 86752/92-1 Fin 10.08.1992.

vi ) Twin children born at a single birth shall be treated as of the same age and made eligible for family pension in equal shares. In case of twin children the family pension shall be paid in equal shares irrespective of the sex rule 49(8) explanation, rule 49(6)proviso (ii) 47286/89-3 Fin 06.07.1989, 291 Fin 10.04.1995.

vii ) A Judicially separated wife/husband does not lose her or his legal status of wife or husband of the employee and is eligible for family pension. The Competent authority to sanction a family pension for recorded reason may pay the family pension to minor children in preference to the judicially separated person. Rule 49(e) G.O.527 Fin 02.06.1977, Note 2 to Rule 49(13).

viii) Family Pension be granted to children of female Government employee born through second husband and it shall be divisible @ 50% to the first husband of deceased female Government employee and 50% to the children born through the second husband. G.O.676 Fin 15.06.1990 .

ix ) Family Pension is admissible to the post retiral spouse from the date of death of pensioner irrespective of the date of retirement. The procedure to get it recorded in the PPO and the forms are indicated in G.O. 598 Finance 27.08.1993. (G.O. 569 Fin 02.08.1991 and 583 Fin 17.07.1995) .

x) Posthumous children are eligible for family pension.

Rule 49(13)(b) (ii) G.O. 475 Fin 21.05.1977 .

xi) In case of unmarried Government Servant, father, mother, step mother, are entitled for family pension ( Rule 49(13)(iii) ).

xii) Family for purposes of family pension will mean: wife or husband / sons and unmarried daughters in the order of birth, and in case of unmarried pensioner, father or mother G.O. 291 Fin 10.04.1995 .

xiii) In cases of both mother & Unmarried children or father & unmarried children are Government employees and are governed by the pension rules, and one of them dies while in service or after retirement, family pension in respect of the deceased shall be payable to the surviving father or mother and in the event of death of father or mother, the surviving mother or father in respect of the deceased father or mother and unmarried children shall be granted Two family pensions and the quantum of pension shall be regulated as :

a) If both family pensions are payable at the enhanced rate, the quantum of two family pensions shall be limited to Rs.2500.

b ) If one of the two family pensions is payable at the enhanced rate, and another at the ordinary rate, the quantum of the pension shall be restricted to Rs.2500 .

c ) If both the family pensions are payable at the ordinary rate, the quantum of family pensions shall be limited to Rs.1250(Rule 49(11) G.O. 326 Fin 14.05.1996

xiv) Where the Government employee’s widow or widower to whom the family pension is granted dies or remarries or when there is no widow or widower, the family pension shall be paid to the minor sons or unmarried minor daughters if any, on the date of death or remarriage till such minors attained the age of 25 years which ever is earlier. In the absence of natural guardian payment will be made through the de facto guardian who shall be required to file an affidavit that he is in-charge of the property of the minors and is looking after it. If minors have no properties other than family pension he has to declare that the minors or in his custody and care and furnish an indemnity bond which suitable sureties. In disputed cases, payment shall be made through the legal guardian, Rule 49(10) Note, G.O.667 Fin 13.07.1977.

xv ) If a person who is entitled to family pensions on the death of a pensioner is charged with the offence of murdering the pensioner or for abetting the offence, his claim will remain suspended pending disposal of the criminal case. If he is acquitted, he will be permitted to draw pension from the date of entitlement and if he is convicted of the offence, he will be debarred from drawing family pension, Rule49(11 C).

xvi ) A military pensioner who was re-employed in civil service on his superannuation may opt either for family pension rules under military pension or family pension under State Government. ( Rule 49(13 A).

xvii ) Person who is already in receipt of family pension shall not be permitted to draw family pension under rule 49, unless he forgoes family pension under other rules ( Rule 49(13 B).

xviii) Any person absconding for more than 7 years is deemed to have been dead for all practical purposes. Hence the claims of the Government employee absconding and whose whereabouts are not known for more than 7 years can be claimed along with family pension and paid to the members of his family( Section 107, 108 of Indian Evidence Act ).

Further

(a) when the employee disappears, the family can be paid in the first instance the amount of salary, leave encashment due and the General Provident fund amount having regard to the nomination made by the employee;

(b) After lapse of two years from the date of filing FIR with the Police, the Family Pension, and D.C.R. Gratuity at normal rate be sanctioned at Government level but the Family Benefit Fund and difference in D.C.R. Gratuity shall be paid after lapse of seven years. ( G.O.No. 478 Fin 4.06.1987, 432 Fin 22.01.1991 and Lr. 21341 A/91-2 Fin 9.04.1991)

xix) Adoption of a person after retirement will not entitle for family pension Lr. 36114/91-3 Fin 16.07.1991 .

xx) Sub Treasury Officer/ Assistant Treasury Officers are authorised to pay family Pension G.O. 196 Fin 16.03.1993 .

xxi) Pension Pay Officer / Sub Treasury Officer / Assistant Treasury Officer are authorised to sanction life time arrears G.O.223 Fin 26.06.1987

xxii) When the joint photo was recorded, there is no need to obtain the photo of the spouse again while applying for family pension on the death of the pensioner. In such cases, there is no need for heir ship certificate. Lr. 38206/89-1 Fin 12.04.1989,11581/95-3 Fin 21.07.1995.

a) If the family pension is paid to the wives equally and one of them dies without issue, such share shall be payable to the other widows.

b) If the family pension or share of the family pension to the spouse or children is stopped due to the ineligibility on reasons like remarriage, death, attaining age of 25 years etc., the family pension shall not lapse but will pass on to the other eligible heirs G.O.782 Fin 15.10.1991 .

xxiii) Revision of Family Pension : From 01.01.1996 the existing family pension was revised as family pension plus D.A as on 01.01.1996 plus interim relief I & II plus 40% of family pension. G.O.174 Fin 21.04.1998.



10.6 Festival Advance

Family pensioners are not eligible for festival advance.



10.7 Medical Facilities

The family pensioners are entitled for medical allowance of Rs.50 per month from 01.12.1995 G.O. 464 Fin 31.07.1996. In case of family pensioners of the Government employees who died while in service, they can opt for either medical reimbursement or medical allowance till the date of retirement had he been alive. G.O.445 Fin 06.06.1995, In respect of hospitalisation, the family pensioners are entitled to the facilities at Government Hospitals G.O.358 Fin 02.08.1996



10.8 Pongal Gift

The family pensioners are eligible for Pongal gift sanctioned by the Government from time to time.

Example for family pension:

Date of Birth

20.09.1942.
Date of Commencement of Service

10.04.1965
Date of retirement

30.09.2000
Qualifying Service

30.09.2000-10.04.1965 = 35 years 5 months 20 days Non qualifying Service: Nil.
Emoluments from 1st July 1999, Pay Rs. 5875 + Special Pay Rs.50 +Personal Pay Rs.50. From 1st July 2000,

Pay Rs. 6000 + Special Pay Rs. 50 + Personal Pay Rs.50 in the Scale of Rs.4500-125-7000. Pay last drawn Rs.6100/-.

(i) Ordinary Rate is 30% of the pay Last drawn subject to minimum of Rs.1275 or maximum of Rs.6570 ;

Rs. 6100 X 30% = Rs.1830

(ii) Enhanced Rate as in para 10.4 (b).

Thus, the wife of the deceased is eligible to claim her share in the said benefits. Also, she can claim maintenance from the Parents-in-law under section 125 CrPC.

Advocate Siddhant Sharma LawRato

753 votes

its the discretion of the court to decide whether she is entitled for the maintenance .....nevertheless as per the law of land she is entitled for the maintenance....if you want her to be disqualified for the maintenance take advice of lawyer in your vicinity.

Advocate Riti Sarkar LawRato