Madras HC: Single second daughter eligible for family pension

SP Jothi, a 68-year-old woman, moved the court claiming her deceased father’s family pension. She had contended that on the death of her mother, her elder sister was receiving the pension. But her elder sister on second marriage, filed an affidavit and a no-objection certificate stating since she remarried, she is not eligible for the family pension and the same can be instead paid to Jothi. However, despite the application, the pension was not transferred to Jothi.

It was argued by the counsel for the accountant general that since the elder sister’s husband had also died and that since she is a widow now, the younger sister cannot be eligible to receive the family pension.

However, Justice S S Sundar held, “It is true that the younger daughter of the deceased Government servant is not eligible to get family pension, when the elder daughter of the deceased government servant is still alive and she is either unmarried or widow. When the elder daughter had remarried, there is no impediment for the younger daughter of the deceased to get family pension. Upon the death of second husband, there is no provision to disqualify the second daughter.”

The court also held that a right once vested, cannot be taken away by the occurrence of any subsequent event which was not contemplated by the Government Order. Further, since the elder sister had herself willfully relinquished her right to the family pension upon her disqualification, the same cannot be taken away from the younger sister.