Change of nomination for pf,gratuity
umesh HALKAR
(Querist) 09 July 2014
This query is : Resolved
Sir,
My friend is working in Central Govt (PSU) Employee. Under ' No family grounds he declares the change of nominee from his parents to Spi ritual trust (Regd).The organisation is having its own PF rules. The HR section is asked to give the death certificate / declaration. So he submitted the self declaration regarding his parents are not alive.But still date HR section is not accepted and no response regarding this and retain the old nominee means his mother name and is wrongly entered his old residential address as their own will and wish SINCE LAST ONE YEAR. So who is the authority to question this and legaly what he has to do.
Kuummaar AS
(Expert) 10 July 2014
Umesh, clarify last sentence of your query.
Sudhir Kumar, Advocate
(Expert) 10 July 2014
This appears to be a sound case for intiating disciplinary action against him.
Why PSU is lenient on such indisciplined person who makes a false declaration and cannot give any proof? only they will know.
Sudhir Kumar, Advocate
(Expert) 10 July 2014
not understood what do you mean
"no response regarding this and retain the old nominee means his mother name and is wrongly entered his old residential address"
take help of some English knowing person
T. Kalaiselvan, Advocate
(Expert) 10 July 2014
Your friend is doing a wrong thing by giving a declaration that his mother is dead knowing it to be false. If she is really dead, why don't he produce a proper death certificate issued by a competent authority? Do you advocate for your friend's wrong doings? You cannot get a favorable advise from this forum for any wrong doing.
Sudhir Kumar, Advocate
(Expert) 11 July 2014
please write to the Chief Vigilance Officer of the PSU so that action can be taken against dishonest employee making a false declaration.
umesh HALKAR
(Querist) 12 July 2014
sir,
1)My friend's parents were staying with his brothers house.He is not getting the Death certificates from his brother, so he submitted self declaration that his 'parents are not alive' to HR section to change the nomination.
2) HR section is not willing to change the nominee's name and retain his mothers name and also entered in his service book that she is staying with him at his residential quarter.
Sudhir Kumar, Advocate
(Expert) 12 July 2014
why did you prefer to hide these facts earlier.
please also state out other hidden facts without which none can give you appropriate advise.
Sudhir Kumar, Advocate
(Expert) 12 July 2014
you said
"He is not getting the Death certificates from his brother"
why anyone should believe this.?
why he cannot get copy from municipality ?
umesh HALKAR
(Querist) 13 July 2014
Sir,
His native place is far away from his working place and he is separated from his brother. So he submitted the self declaration as asked by HR section.
Sudhir Kumar, Advocate
(Expert) 13 July 2014
It is now only you are telling that
"native place is far away from his working place and he is separated from his brother"
You are giving facts on instalement basis.
Any way his HR deptt has demanded the certificate on some reasonable certificate and they should not settle for less than death certificate.
umesh HALKAR
(Querist) 14 July 2014
Sir,
In such cases if there is no alternative registration of "WILL" can be done ?
Sudhir Kumar, Advocate
(Expert) 14 July 2014
WILL is a matter of personal law applicable to the community to which individual belongs.
PF is not governed by any personal law.
One cannot assign PF to anyone who is not in the list of family members as per relevant rules
umesh HALKAR
(Querist) 15 July 2014
HR section is entered in his service record that his parents are staying with him. And HR section don't have any document regarding this. So he can complaint to vigilance ?
T. Kalaiselvan, Advocate
(Expert) 15 July 2014
HR will not write anything on their own, it should have been recorded only after there was an application to that effect from the applicant. For inclusion of names in record at the initial stage, no proof or documents insisted. So, please adhere to the requisite formalities as directed by the HR dept., in order not to make the issue more complicated.
Sudhir Kumar, Advocate
(Expert) 16 July 2014
yes he must complaint to the Vigilance so that the vigilance takes note of it that he is claiming parents as dead without any document when asked to produce.
I already advised so
V R SHROFF
(Expert) 16 July 2014
One can get Death certificate from Local authority/ municipality..
as many as one demands!!
The employee not loosing anything for the moment. Once acquire family/ married, can change nomination!!
NO LOSS TO HIM, TILL HE IS ALIVE!!
and after his death, no loss to him again...
as he is no more!!!
Why ur friend want to kill mother on record?? what is his Objective/ motive??
Sudhir Kumar, Advocate
(Expert) 16 July 2014
He can get a copy of death certificate from municipality if the parents have really dies.
Even if he proves death of parents still he cannot nominate anyone not falling within definition of family as per relevant rules.
T. Kalaiselvan, Advocate
(Expert) 16 July 2014
well said by experts Mr. V.R. Shroff and Mr. Sudhir Kumar, let the author come out with more facts centering the issue.
umesh HALKAR
(Querist) 17 July 2014
He has already collected the PF rules, service records and copy of the nomination which was given during joining time through RTI.
And complaint was given to Head of the organisation/ Chairman of the Dept / ALC / Vigilance regarding the misuse of official power by HR and for verification of his parents death.
He has submitted the declaration since HR is asked. He will not loose anything but his question is why Nomination is required by individual? Is it human rights ?.
Sudhir Kumar, Advocate
(Expert) 17 July 2014
"why Nomination is required by individual? Is it human rights "
this forum does not justify rules.
I know the answer but choose not to express.
T. Kalaiselvan, Advocate
(Expert) 17 July 2014
I think the author pretends not to understand the answers of the experts, instead he is establishing his ignorance of law. This is not a tutorial class to educate everyone about law, let the author read the service rules/pf rules instead of putting 'Why' to every answer.
Raj Kumar Makkad
(Expert) 20 July 2014
You have been advised more than sufficient. Enough is enough.
