ups_01181 — A childless widow of a deceased employee is entitled to family pension even on re-marriage, subject to certain prescribed conditions

A childless widow of a deceased employee is entitled to family pension even on re-marriage, subject to certain prescribed conditions — This chunk pertains to an OA (Original Application) filed by a widow who was a childless government employee's dependent, seeking family pension after her re-marriage. The case dates back to 1979, wh... — Facts:The Applicant is widow of Shri Ardhendu Sekhar Roy Choudhury who was a Government employee and who died on 31-12-1979. The Applicant was in receipt of pension till she got married to one Manindra Kumar Pau on 24-12-1987 consequent to which her family pension got discontinued. The Applicant has no child. On 2-9-2008, the nodal ministry came up with an OM stating that if a childless widow of a deceased Government employee is there, she shall continue to be paid family pension even after re-marriage, subject, however to certain conditions stipulated in the OM. The Applicant filed a representation on 21-8-2016 to which there has been no response. Hence this OA. Respondents have issued an OM, dated 1-4-2011 holding that if an employee expired before 1-1-2006, same benefit should be extended to the widow subject to fulfilment of certain conditions laid down with regard to income, etc., as contained therein. It was stated on behalf of the Respondents that the death of the employee having occurred in 1979 and family pension stopped in 1987, records such as service book are not available with the department and thus only the Pay and Accounts Officer, Kolkata may take a final decision after verification of the identity of the Applicant and other conditions as they had already referred it to the different authorities for consideration of the case. The Tribunal considered the provisions contained in Paras. 3.1 and 8.6 of OM, dated 2-9-2008 and Para. 4 of OM, dated 1-4-2011 which are as under:- “3.1 Save as otherwise mentioned in these orders, the revised provisions as per these orders shall apply to Government servants who retire / die in harness on or after 1-1-2006. Separate orders have been issued in respect of employees who retired / died before 1-1-2006 8.6 The childless widow of a deceased Government employee shall continue to be paid family pension even after her re-marriage subject to the condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the minimum prescribed family pension in the Central Government. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the pension disbursing authority every six months. 4. The issue has been examined in this Department in consultation with Department of Expenditure. It is hereby clarified that the childless widow of a deceased Central Government employee who had expired before 1-1-2006, shall be eligible for family pension in the light of 6th CPC's recommendations irrespective of the fact that the remarriage of the widow had taken place prior to / on or after 1-1-2006. The financial benefits in such cases, however, will accrue from 1-1-2006. This, however, would be subject to the fulfilment of certain conditions laid down therein, including the income criterion that the income of the widow from all sources does not become equal to or higher than the minimum prescribed for family pension in the Central Government”.