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Dear friends,
I am attaching copy of order dated 18.9.2012 passed by Supreme Court wherein it has been held that a widow is not entitled for pension if the employee had not exercised his option for pension and full amount of PF dues was given.
In this case Hari Singh was employed as driver by Rajasthan State Road Transport Corporation (RSRTC) on 22.3.1962. In the year 1971 family pension scheme was introduced and option was given by RSRTC to all employees to opt for the scheme latest by 1.9.1971. Some employees opted for the same whereas others (including Hari Singh) did not since they were keen on getting PF amount. Hari Singh died on 30.5.1982 and his PF dues were settled. However a claim for pension was lodged by the Union after 9 years. Tribunal as well as High Court allowed the claim. However, on appeal Supreme Court rejected the claim on the ground that an opportunity was given by RSRTC to opt for the pension scheme and the employee did not opt for the same.

From India, Malappuram

Attached Files
File Type: pdf Widow not eligible for pension if option not exercised - SC 18.9.2012.pdf (674.8 KB, 508 views)

Hi my uncle(iti peon in gov if maharashtra) had died , for his death benefit nominee are his 1st wife(and 2 childrens ) and mother of uncle but 1st wife was not living with uncle , so he did 2nd marriage without divorce with 1st wife , but he didn't nominated her . Now his 1st wife is trying to get whole benefits for her , can it is possible to distribute death benefits among 1st wife, 2nd wife and mother of uncle. Can mother is eligible for pension.
From India, Pune
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