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08 Feb, 2022 10:03 AM

Daughter widowed after pensioner's death not eligible to Family Pension

Daughter widowed after pensioner's death not eligible to Family Pension

The Calcutta High Court ruled on Monday that a widowed daughter of a pensioner who was married at the time of her father's or mother's death is not entitled to a family pension.

The Court decided that a widowed daughter does not have any fundamental or statutory entitlement to a family pension after her father or mother died.

The question before the Bench of Justices Harish Tandon and Rabindranath Samanta was whether a daughter of a pensioner who was married but widowed after the pensioner's death is entitled to a family pension.

The court ruled "As the legislative intent is demonstrated, the scheme of family pension never included a daughter of a pensioner who was married at the time of the death of the pensioner. A daughter who became widowed after the demise of her father/mother does not possess any fundamental or statutory right to claim the family pension. In the absence of any legislation in this regard, the benefit of a family pension cannot be extended to a daughter of a family pensioner who was married at the time of the death of her father/mother. It will be unwise on the part of this Court to exercise its extraordinary or discretionary power to come to any inference contrary to the policy decision of the Government."

Read more at Live Law




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