When the husband declines to accept family pension in any capacity. -

(14) When the husband declines to accept family pension in any capacity. - A case has been reported where on the death of a married woman employee, who left behind minor children, the husband of the deceased had declined to accept 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp7.htm#Amount%20of%20Pension 62/85 the family pension in any capacity and also given his consent to pay the same to the real guardian of the deceased's children, i.e., his father-in-law. The widower was having another living wife at the time of the death of the deceased Government servant. The following point relating to the case was referred to the Government of India by this office. The Ministry of Finance in consultation with the Ministry of Law and Department of Personnel and Administrative Reforms have now issued the clarification below : Point raised for clarification : If the husband has another living wife at the time of death of a female Government servant, it is the same as re-marriage and as such the husband of the deceased female Government servant is not entitled to the Family Pension under Rule 54 (6) (i) of the CCS (Pension) Rules, 1972. Will it be in order in the instant case to pay the family pension to the minor children through the father of the deceased employee who is their guardian, when the natural guardian, viz., father of the children, is living? Clarification issued : It will be in order in the instant case to pay the family pension to the minor children through the father of the deceased employee, i.e., their guardian, when the natural guardian, i.e., father of the children, is living. This is however, subject to recognition of his legal guardianship by the court. [A.G., Letter No. 61/Audit/95-75, dated the 19th January, 1976.]