18 June 2024 Wills/Trusts >> Family Law  

An unmarried daughter has successfully secured her family pension rights after her father's service in both the Indian Army and the SSB. The case highlights the importance of following proper procedures while claiming such benefits.

Background:

Ms. Singh's father served in the Indian Army as a Constable Cook before retiring in 1968. He then joined the SSB and retired from there in 1984. After his death in 1992, Ms. Singh's mother received a family pension from the Army. However, upon her mother's passing in 2015, Ms. Singh, being unmarried and dependent on her father, applied for a family pension from the SSB, his last place of employment.

Dispute and Court's Decision:

The SSB approved Ms. Singh's pension but withheld payment due to concerns regarding her marital status documentation. Ms. Singh contested this decision by filing a writ petition in court. The court acknowledged her right to the family pension and directed the SSB to release the pension along with arrears within two months. However, the court stipulated that Ms. Singh submit a duly attested and verified declaration of her marital status if the previous one wasn't accepted. The SSB was also instructed to guide her on the appropriate authority for attesting the document.

Key Takeaways:

This case emphasizes the following:

• Unmarried daughters may be eligible for family pensions based on their father's service.
• Proper documentation is crucial for claiming family pension benefits.
• If authorities raise doubts, seeking legal recourse can be an option.