An Unmarried and widowed daughter of an employee is eligible for family pension: Calcutta HC
The Supreme Court stated in a judgement that pensions are intended to serve a public purpose and that the government cannot create artificial divides depending on when someone retired.
An Unmarried and widowed daughter of an employee is eligible for family pension: Calcutta
On Tuesday of this week, the Calcutta High Court made widowed or unmarried daughters of employees who retired or died before the non-government educational institution employees (death-cum-retirement benefit) plan of 1981 went into force eligible for family pension.
The court rendered this judgement based on three petitions from widowed and unmarried daughters of retired and dead employees.
The bench of Justices Harish Tandon, Shampa Sarkar, and Rabindranath Samanta made the observation while responding to a reference in connection with three petitions relating to the grant of family pension to (i) widowed daughter of a deceased Assistant Teacher, (ii) widowed daughter of a retired (now deceased) high school clerk, (iii) unmarried and handicapped daughter of a retired (now deceased) assistant teacher.
The Supreme Court stated in a judgement that pensions are intended to serve a public purpose and that the government cannot create artificial divides depending on when someone retired. It further claimed that pension payments are decided by certain regulations and that the government cannot decide whether or not to provide a pension on a whim. If a government employee passes the conditions, they are eligible to receive a pension.
The court examined various government rules on family benefits for unmarried or widowed daughters and questioned the need for pension laws that benefit retirees.
The court ruled that unmarried or widowed daughters should not be treated differently and should be eligible to family pension since they deserve assistance and stability. The court also emphasised the necessity of socioeconomic fairness and social morality in providing these women with security and a means of subsistence.
As a result, the court determined that unmarried and widowed daughters of employees who retired before 1981 were entitled to a family pension.
- Lubrizol and Polyhose Sign MoU to Manufacture Medical Tubing, Expand Capacity in Chennai - November 14, 2024
- After Seen 6.6% Rise of EPFO Contributors Government plans to hike EPF wage ceiling to Rs 21,000 - November 11, 2024
- Termination Of Service After Employee’s Retirement Unknown To Law In Absence Of Pending Departmental Proceedings: Patna High Court - November 5, 2024
