Regarding Denial of Dual Family Pension Regarding Denial of Dual Family Pension

2 years ago

My father was a defence pensioner and after retirement from the military..he was employed in West Bengal Police. Last year, he died on Duty...and then we applied for pension.. Military and Police.The Military Pension has been started..but the Police Dept. says we are not eligible for Pension from State Govt. As we are already drawing our Military Pension. What legal options do my mother has now?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You have to go to the High Court or Service Tribunal to get a direction to the State Government to give tension along with pension given by military authorities. Pension is not a bounty as observed by Hon’ble Supreme Court as such you are entitled for both pensions.


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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
You cannot claim double pension from two different departments. It rule now that no one is allow to have a dual pension, so you are not eligible to get compensation from the second employer that is the state police department. Therefore, the state police department denying you to give pension is absolutely right.
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Anik

Responded 2 years ago

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A.Hello
Through a judgement the The court has clarified that a person on being re-employed will not be entitled to a separate pension or service gratuity for the period of his re-employment if he is already drawing pension from his previous employer. So you are not entitled to get from the police department.
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