Man appeals for dividing pension between 2 wives; only legally married spouse eligible, says govt

Palakkad: The Kerala state government has rejected a petitioner’s plea before the State Human Rights Commission (SHRC) that his family pension be split between his two wives. 

The petitioner, M Shamsudheen, had recently approached the SHRC seeking to divide family pension sanctioned after his death between his first wife and the second wife. He demanded an equal division of the pension amount between his two spouses. The matter came into consideration before the acting chairperson and judicial member of the Commission K Baijunath here on Friday. 

In February 2022, Shamsudheen approached the Director of Collegiate Education (DCE) with the request. He claimed that though his first wife, who retired from government service is drawing a pension, she is still eligible for the family pension after his death. He argued that his second wife should be made eligible for a share of this pension after his death. He also claimed that the Kerala Service Rules (KSR) were not applicable in the case of pensioners. However, his demand was rejected by the Directorate. 

On rejection, Shamsudheen approached the SHRC for justice and the Commission sought the government's stand on the matter and sought a report from the DCE.

The DCE in the report submitted before SHRC informed that as per the KSR, the government grants pension to assure future good conduct of the pensioners and it is an implied condition of every grant of pension. The report stated that a government servant cannot remarry without obtaining a divorce while in service and his first wife is alive. As per the Pension Payment Order, family pension is granted only to those nominated by the Accountant General and only legally married persons are entitled to family pension, the report stated, adding that the argument of the complainant – that those who have retired from the service can be succeeded by anyone through nomination – would not stand.

The commission chairperson on Friday noted in its order that the report by DCE stands legally valid.