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.
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.
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.
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.
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.
- 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.