Widow Not Entitled To Pension If Option Not Exercised - Supreme Court

Dear friends,

I am attaching a copy of the order dated 18.9.2012 passed by the Supreme Court wherein it has been held that a widow is not entitled to a pension if the employee had not exercised his option for a pension and the full amount of PF dues was given.

In this case, Hari Singh was employed as a driver by the Rajasthan State Road Transport Corporation (RSRTC) on 22.3.1962. In the year 1971, the family pension scheme was introduced, and an option was given by RSRTC to all employees to opt for the scheme by 1.9.1971. Some employees opted for the scheme, whereas others (including Hari Singh) did not, as they were keen on receiving the PF amount. Hari Singh passed away on 30.5.1982, and his PF dues were settled. However, a claim for a pension was lodged by the Union after 9 years. The Tribunal, as well as the High Court, allowed the claim. However, on appeal, the Supreme Court rejected the claim on the grounds that an opportunity was given by RSRTC to opt for the pension scheme, and the employee did not opt for it.

Thanks

Hi, my uncle (who was a peon in the government of Maharashtra) has passed away. The nominees for his death benefits are his first wife (and 2 children) and his uncle's mother. However, the first wife was not living with him, so he entered into a second marriage without divorcing the first wife. He did not nominate her for the benefits. Now, the first wife is attempting to claim the entire benefits for herself. Is it possible to distribute the death benefits among the first wife, the second wife, and the uncle's mother? Can the mother be eligible for pension?

Thank you.