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."
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