The Government has therefore decided that an employee/pensioner/family pensioner may at anytime make a request to the Appointing Authority for advance approval to the grant of family pension for life to a permanently disabled child/sibling or dependent parents. On the basis of this approval, authorisation shall be made in the original Pension Payment Order (PPO) at the time of retirement or by issuing a revised authority. The permanently disabled child/sibling/ dependent parents will receive family pension at the appropriate time, i.e., after the death of employee/pensioner and/or after the death/ineligibility of any other member in the family who was eligible to receive family pension prior to the disabled child/sibling/dependent parents.

Where there are other eligible prior claimants to family pension, the names of disabled child/children/dependent parents/permanently disabled sibling will be added to the PPO issued to the preceding eligible family pensioner. Family pension to these permanently disabled child/children/siblings/dependent parents will be payable after the death/ineligibility of the prior claimant, as the case maybe.

Detailed instructions are available in OM No. 1/27/2011-P&PW(E), dated July 01, 2013 at the website of Department of Pension & Pensioners’ Welfare www.persmin.nic.in.

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He needs to claim it only on ground of illegitimate son as your second marriage is illegal. 

Already informed you, Illegitimate child can claim father’s property and other benefits like a legitimate child -

Judgement delivered by Mumbai HC.

And SC had held the children born of void or voidable marriage are entitled to claim inheritance in ancestral co-parcenary property and self acquired property of parents.

And also notified by govt. of India that " an employee/pensioner/family pensioner may at anytime make a request to the Appointing Authority for advance approval to the grant of family pension for life to a permanently disabled child.

And referring above both rulings, permanently disabled child shall also be illegitimate child.

AND Principal Controller of Defence Accounts (Pensions), Allahabad is one of the offices of the Defence Accounts Department under the Ministry of Defence,

Elegible Members of Family for Ordinary Family Pension -

Son below the age of 25 years and unmarried daughter (including those illegitimate and adopted legally before or after retirement) or till the date of earning livelihood whichever is earlier.

You can deny other child through WILL and wife is entitle to pension not child.

 Dear sir

My Reply are as follows.


1). Can my disabled son get family pension

Lifelong or till the age of 25 years.
A: Family pension will be given to your son only after your death till he attains age of majority or as per service 
rules of your department


2). Can l get the PPO (pension payment order)

in the name of My second wife and my disabled son jointly, as PPO still in the name of first wife.
A: If you are first wife is dead then you can change the nominee by producing death certificate and 
normally only one nominee name will be accepted.


3). Can my first wife's two children also claim

the pension (their age is 24 and 21 sons)
A : They cannot since they have attained age of majority.


4) finally what are the steps I need to take now

to get the new PPO in the name of my wife and disabled
A: File representation along with death certificate of first wife and see that the name of your second wife and 
name of disabled son is included in PPO

All these answers must be answered in the negative as you had children from the first wife also and therefore they are entitled to anything which you have. Your second wife's children are entitled to benefits as children cannot be denied anything. But your second wife can only b3come your wife after your 1st wife's death.

Regards 

- As per government rules , family pension could only be granted to deceased government employee's spouse and after his or her death to the dependent son or daughter below 25 years of age.

1. Yes, as per law, the Disabled son will get family pensoin life long , If he unable to work i.e. on the ground of medical certificate issued by certified Doctors panel for his disability.

2. No, since the PPO is in the name of First wife. 

- Legally you will have to replace her name with your second wife and disable son after producing the proof of separation or Court order. 

3. No, they cannot claim due to their age of majority . and further the maximum age for getting family pension is 25 years only . Only disable person is eligible to get life long.

4. Only Divorce order is a solution.

- You should file Petitioin for divorce on the ground of Longer period separation. 

- As per Hindu Marriage Act, separation is a ground for divorce provided that both the husband and wife are living separately for a period of not less than two years at the time of filing the divorce petition.

- If, she will not appear before the court on the date of hearing , then you will get Ex-parte Divorce order within 3-6 months period.

- The said order will remove all your hurdle for ever.

Good luck and dont forget to rating Positivlely. 

Children of government servants from illegal marriage can claim share of pension. 

Yes he will get pension life long if he is not able to earn for himself. 

Yes you need to submit marriage certificate for change of name in PPO.

No they will not get pension as they are above 18 years of age.