Widows entitled to family pension even after remarriage: CAT

New Delhi, September 12

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The Central Administrative Tribunal (CAT) has ruled that the widow of a deceased government servant is eligible for family pension even after remarriage.

Administrative member Praveen Mahajan ordered restoration of the family pension to Delhi resident Renu Gupta (47), wife of late Pawan Kumar Gupta, an employee of the Defence Ministry at the time of his death, saying Gupta had requested for the transfer of family pension in the name of her son after her re-marriage. The tribunal asked the Ministry of Defence to transfer the pension claim to her from her son’s name within four months.

“Without understanding the consequences, she requested for the transfer of family pension in the name of her son after her remarriage. However, the said family pension will become inadmissible after the son attains the age of 25 years,” the tribunal said.

“It has been held by the government that even in the case of remarriage of a widow, family pension can be given,” it added. It rejected the contention of the ministry and said she was “legally entitled to pension under CCS (Pension) Rules, 1972” and there seems to be “no legal bar in re-transferring the pension in her name”.

The Defence Ministry had appointed Gupta as a storekeeper in 1998 on compassionate ground after her husband’s death. She was also granted family pension. She remarried after which, at her own request, the pension was sanctioned afresh to their son in 2002. However, in 2013, she requested for restoration of her family pension, which was subsequently rejected, saying she cannot be granted pension since she had re-married. — PTI