Children of government servants from illegal marriage can claim share of pension
The child of a government servant born out of wedlock will henceforth be entitled to claim a share of its father's family pension. In a significant order issued by the government on Tuesday, after the ministries of law, finance, and personnel put their mind to the issue, the right to family pension was also extended to children born from void or voidable marriage of a government servant. Till now, only the legally wedded wife of a government official could get family pension after he passed away.
"On receipt of an application from eligible child/children of the deceased government employee/pensioner born to an ineligible mother, a decision regarding division or otherwise of family pension may be taken by the competent authority after satisfying himself/herself about veracity of facts and entitlement of the applicant(s).
This order is issued with the concurrence of Department of Legal Affairs and concurrence of Ministry of Finance, Department of Expenditure," said an official memorandum sent on November 27 by under secretary DK Solanki of the Ministry of Personnel, PG Pensions to all government ministries and departments. The government has taken the arduous task upon itself to decide upon a sharing arrangement between the legally wedded wife and the child out of the second marriage, in each such case.
There was a provision made in 1996 for children of illegally wedded wife of an official to be eligible for family pension but only if the legal wife ceded her right. After 16 years, the government has decided that the legally wedded wife along with any child born out of illegal wedlock of the government servant would get a share of the family pension, simultaneously, but still no percentage has been specified.
The OM says the matter was 're-examined' in consultation with Ministry of Law and Ministry of Finance, after the 1996 order said children from a void marriage have no claim whatsoever to receive family pension as long as the legally-wedded wife is the recipient of the same.
The present order will not have a retrospective effect. As per the Hindu Marriage Act, 1958, any second marriage contracted by a Hindu male during the life time of his first wife shall be void and the second wife shall not be entitled to a family pension as a legally wedded wife. Children born out of void marriages are also not considered for compassionate ground employment in the event of death or permanent disability of the government servant – the only benefit they got till now was entitlement for the family pension after it was ceased by the wedded widow of the official.
The personnel ministry is also examining a proposal to allow a pensioner to nominate any person, even a non-family member, to be entitled to the amount in his pension account after his death. This, the government believes, would ensure that children take proper are of their parents in their old age if they wish them to be appointed nominees. Till now, the government rules are the life time arrears of a pensioner after his death would automatically pass on the eligible member of the family next in line or the legal succession.
"If pensioners have the discretion to pass on their life-time arrears to any person of their choice, they will get better attention and can reward the persons who look after them when they were alive," says the proposal being actively considered by the Ministry of Personnel.
Source: Economic Times
Best Regards
Prakash Nair
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