Defence family pension enjoyed by son depriving the serviving mother

584 votes

If the deceased was a government employee, the family pension is governed by Central Civil Services (Pension) Rules. As per norms, the widow (spouse) is the first eligible family member to receive the pension. A son can only receive it under specific circumstances—such as if the widow is deceased, remarried, or has formally waived her right, or if the son is a dependent minor or disabled. If the son is receiving the pension despite the widow being alive and eligible, it may indicate forgery or misrepresentation. The widow should immediately file a grievance with the concerned pension disbursing authority and can also approach the Central Administrative Tribunal or file a writ in the High Court to claim her rightful pension. It's advisable to consult a lawyer to initiate legal steps and gather proof of eligibility.

Advocate Jayasree Gayen Paul LawRato

932 votes

What you're describing sounds suspicious and may involve misrepresentation or even fraud. Let's break it down and assess the possibilities: Situation Summary: A distant relative was employed in the Ordnance Factory (Ministry of Defence, India). After his death, his son managed to transfer the family pension to himself, allegedly by describing the widow (his own mother) as the beneficiary. Now, he is receiving the family pension, even though family pension should typically go to the widow (spouse) first. Family Pension Rules (Government of India – CCS Pension Rules): Under CCS (Pension) Rules, the family pension hierarchy is clear: First priority: Widow/Widower (spouse of the deceased). Then: Unmarried or disabled children below a certain age (generally under 25 years). Parents: Only if no spouse or children are alive. So the son cannot directly claim the pension while the widow is alive, unless: The widow renounced her claim or was declared ineligible (e.g., remarriage or legal disqualification). The widow nominated the son officially to receive the pension on her behalf, possibly due to incapacity or age. Fraudulent documents or misrepresentation were used to get the pension transferred to the son. Possible Legal Scenarios: Scenario Legality Notes Son gets pension as nominee of living widow ✅ Legal Widow must submit declaration authorizing son to collect pension on her behalf. Still, pension is in widow’s name. Son gets pension in his own name, treating widow as deceased or disqualified ❌ Likely illegal Misrepresentation or fraud unless there’s a valid court or government order. Son gets pension as legal guardian if mother is incapacitated ✅/❌ Depends Requires legal guardianship status and proper authorization. Son forged or faked documents claiming widow was not eligible or dead ❌ Criminal offense Could lead to FIR, recovery of funds, and prosecution. What You Can Do: If you believe fraud or misrepresentation has occurred: File an RTI (Right to Information) request with the Ordnance Factory or Defence Accounts Department asking: Who is receiving the family pension? On what grounds was it granted? What documents were submitted? Submit a written complaint to: Principal Controller of Defence Accounts (PCDA) Ministry of Defence – Pension Section Local CPAO (Central Pension Accounting Office) Include any evidence or testimony from the widow (if she is alive and not receiving pension). For further help you can contact me: GIASUL ISLAM, Advocate. Calcutta High Court.

Advocate Giasul Islam LawRato