Pensionery benefits to family

RAJ KUMAR (Querist) 03 October 2015 This query is : Resolved
DEAR SIR

A PERSON EXPIRED ON NOVEMBER,2013 WHILE IN SERVICE. THERE WAS A CASE PENDING SINCE 1992 REGARDING REDUCTION OF PAY SCALE- STAYED. ITS JUDGEMENT ANNOUNCED ON FEB. 2014 AFTER THE DEATH AND IT WENT IN REDUCTION OF THE STAYED PAY SCALE. DEPARTMENT REVISED THE PAY SCALE OF ALL THE APPLICANTS. WHAT WILL BE THE EFFECT OF HIS PENSION TO FAMILY, REDUCED TERMINAL BENEFITS OR ON THE BASIS OF STAYED PAY-SCALE?

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K.S.Srinivas (Expert) 04 October 2015
Terminal Benefits will be revised.

Sudhir Kumar, Advocate (Expert) 04 October 2015
No penalty can be effective after death. SO the reduction of pay will not affect any reduction on pension.

Sudhir Kumar, Advocate (Expert) 04 October 2015
However in this case it appears that penalty was already ordered and it was subjudice. Now decided agains tthe deceased. SO deceased died during proceefings.

(that is all can be decipherede from the facts given by you)

please meet a lawyer with papers.

Rajendra K Goyal (Expert) 04 October 2015
Pension would be refixed as per revised orders.

P. Venu (Expert) 04 October 2015
What was the case that was pending? Was it concerning disciplinary proceedings or about pay fixation? If disciplinary proceedings, please inform of the stage it was pending and the punishment, if any, imposed.

Kumar Doab (Expert) 04 October 2015
Post full facts of the case................and reply to the points raised by Expert Mr. Venu.

Guest (Expert) 04 October 2015
Please clarify --

1) Reduction of pay scale with what reason and whether the scale of the deceased only or the cadre of employees as a whole?

2) Also, whether you want to ask for the pensionary benefits in regards to the family pension or some other kinds (please specify about which type of benefits).

T. Kalaiselvan, Advocate (Expert) 10 October 2015
Firstly the author may clarify the doubts raised by experts so that his query is properly addressed and he gets a proper and correct opinion/advise.
In any case the family pension will commensurate to the salary drawn or fixed after the so called proceedings.

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