• Family pension to wife after husband death

Can the family pension to wife be started after the death of husband who was state government employee. Husband was convicted in corruption case by lower court and terminated from employment after 30+ years of service and pension did not start for the husband.
Asked 3 years ago in Labour

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7 Answers

After the death of accused, case against him abets, that is closed. An appeal cannot be filed against conviction of dead accused. It is not possible to get the conviction set aside and seek payment of pension.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

If there, is conviction on corruption pension benefit is ceased. Kindly check whether, same is ceased and file, appeal to challenge the lower court order. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since husband was convicted, wife is not entitled to pension. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If the husband was eligible for getting pension at the time of the death or termination of service then his would be eligible for family pension.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Wife should not be entitled to pension as husband services had been terminated by state government 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- Under Article 351, CSR [Rule 8, CCS (Pension) Rules, 1972] future good conduct is an implied condition of the grant of every pension and Government has the right to withhold or withdraw a pension or any part of it if the pensioner is convicted of a serious crime or found guilty of grave misconduct.

- Hence, if after termination and conviction of the case , husband received the notice from the department that the pension has been stopped /withhold , then the wife cannot get the pension after the death of her husband.

- However, the Supreme Court has held that pendency of the appeal by a convicted employee cannot disentitle the State from withholding the his Death-cum Retirement Gratuity

- Hence, if there is an appeal pending before the High court , and during that period husband died , then his wife is entitled to get the pension legally. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No the Family Pension to the wife can not be started since her deceased husband was terminated from the employment..

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

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