The
Bombay High Court on Tuesday held that the second wife of a Union government
employee can claim retirement benefits of the deceased husband.
A
Division Bench of Chief Justice GH Waghela and Justice VK Tahilaramani was
hearing the petition filed by the first wife of the deceased, working at the
Ammunition Factory in Pune. He had nominated his second wife to receive all
retirement benefits in January 2010, after he cancelled the nomination of his
first wife after giving her a divorce.
First wife moves HC
On being aggrieved by the
order passed by the Central Administrative Tribunal in September 2013, that
held that the second wife would receive all the benefits, the first wife moved
the High Court.
The court said, “We also
have to go by the fact that the first nomination in favour of the first wife
was duly cancelled and a fresh nomination was filed separately by the deceased
for Death-Cum-Retirement Pension, Provident Fund and Group Insurance benefits
in favour of the second wife.”
‘Not possible to ignore
nomination’
The court noted that it
was not possible to ignore the nomination made by the deceased in favour of the
second wife.
The court also observed
that approximately six months prior to his death, the deceased had promptly
informed his office about his second marriage and about his divorce.
He had also told his
office about the nomination filed in favour of the second wife relating to
retirement benefits, the Bench said.
Age relaxation for widows
The Ministry of Women and Child
Development is considering taking up a proposal for age relaxation
for widows for employment in Government and Central PSUs. The Ministry is also
considering moving a proposal for tax rebates for single women who are having
children. These are at a preliminary stage and formal proposals have not yet been
prepared.
This information was given by the Minister of Women and Child Development, Smt Maneka Sanjay Gandhi in reply to a question in the Rajya Sabha today.
This information was given by the Minister of Women and Child Development, Smt Maneka Sanjay Gandhi in reply to a question in the Rajya Sabha today.
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