Madras HC holds unmarried second daughter entitled to father’s pension

The Madras High Court has held that an unmarried second daughter of a retired government employee may be given the family pension if her elder sibling surrenders her right to receive it. Delivering his order on a petition by one Jothi, the unmarried daughter of a retired head constable, seeking her late father’s pension, Justice S S Sundar of the Madurai bench of the high court directed authorities to do so in two weeks. Jothi, now 68, had filed a plea seeking the family pension as her elder sister Vasiammal had relinquished her claim after she became a widow for the second time.

Vasiammal had been receiving the pension of her late father S Ponnusamy after her mother S Nagammal also died.

She had remarried a second time and lost her husband subsequently. Hence, she gave up the claim and filed an affidavit to the effect that pension could be given to her sister (the petitioner).

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The judge said though as per the government order, Vasiammal was entitled to receive the family pension, she had opted to give it up in favour of her sister as she was unmarried.

There was nothing wrong in this, he said and added that the pension could be given to Jothi.