Where to file case, on lower , high court or CAT?
Raw Star
(Querist) 24 April 2018
This query is : Resolved
My uncle was doing a job in a government firm. It was day of diwali, he went to bring the things for home and never came back, its been 20 years now. Aunt lodged an FIR after 2 years but she didnt intimated to concern authorities even didnt submit the FIR. In 2012, she filed an apllication for the service benifits but again she didnt brought any proof for filing the application then she filed another application last year. Aunt recieved reply from them that the person is removed from services with the effect dated, after 5 years of he went missing.
documents we have FIR, police tracing report which obtained last year, civil death declaration also obtained last year, application which filed last year and reply from the concern department.
my aunt is 50 years old and most of the poeple miss guided her so she require a correct guidence, kindly help her.
God Bless You.
Ms.Usha Kapoor
(Expert) 24 April 2018
You file a Writ petition in Highcourt seeking directions to your uncle's Govt Organization where he was an employee to pay pension and other consequential benefits to your Aunt.Dos your uncle have any children?
Raw Star
(Querist) 24 April 2018
thank you Usha mam for the concern...
Aunt has 3 children (one is girl) and they are still unmarried.
Sudhir Kumar, Advocate
(Expert) 25 April 2018
actually your aunt had been doing every thing possible to ensure that she is deprived of pension as well as compassionate job.
As far as compassionate job is concerned the chapter is closed now.
Now coming to pension issue.
the deptt as you said replied that they removed him from service after five years of missing. Slithering delay on their part. The gme is worth 6-7 month of proceedings.
Your query is also silent as to whether any communication was received orm the deptt at the last known address and if so whether this was responded?
it is also not clear whether deptt has done ex-parte inquiry before removing from service.
Any way as along as removal order is there on file there is just no hope.
The procedure has to be followed. first take declaration of presumed death from competent court. Then apply to the Revisionary Authority in the deptt for setting aide removal order.
only after this state one should consider going to court.
Raw Star
(Querist) 25 April 2018
Sudhir sir, actually dept. notified to uncle's address but aunt refused to take that by saying that my husband is missing so i cant recieve this document and even dont know whether they had done ex-parte or not.
As i mentioned, aunt have the declaration of presumted death, kindly guide how to go the revisionary authority?
rajeev sharma
(Expert) 25 April 2018
please check when the application of presumption of death was filed and when the declaration was made by courtn Remember such application may be filed on the expiry of 7 years of the date of missing person. Then the court too takes some time in declaration. During all this period your aunt could not have approached the authorities for employment on compensate ground. Deduct all this time and then calculate delay.
Raw Star
(Querist) 25 April 2018
Rajeev sir, he went missing in 1998, FIR lodged in 2000, department removed him in 2003 and the declaration filed in 2017 (after 19 years)...got the declaration in jan 2018. almost delay of 20 years.
Raw Star
(Querist) 25 April 2018
Rajeev sir, he went missing in 1998, FIR lodged in 2000, department removed him in 2003 and the declaration filed in 2017 (after 19 years)...got the declaration in jan 2018. almost delay of 20 years.
Sudhir Kumar, Advocate
(Expert) 26 April 2018
So now you are narrating vital facts on installment basis. Now you said that communication came from deptt and your aunt refused to accept. This is a valid proof for deptt to come to conclusion that the person is not available even at last known address. Still they stupidly (or leniently) kept on waiting for 5 years. You are still not narrating:-
how many such communications were refused?
whether ex-prate inquiry held or not?
whether copy of removal order was sent to the last known addressed?
whether your aunt refused to receive the same?
has the copy of removal order received from deptt by request or under RTI?
Sudhir Kumar, Advocate
(Expert) 26 April 2018
It is your choice to hide facts if not interested to get correct advise.
Raw Star
(Querist) 26 April 2018
she refused just once..afterwards they didnt send any notification even didnt intimate about the termination.
actually in 2012, they were not risponding so aunt filed a grievance to head of the department,delhi then she got this in written that he removed from the services.
Raw Star
(Querist) 26 April 2018
she refused just once..afterwards they didnt send any notification even didnt intimate about the termination.
actually in 2012, they were not risponding so aunt filed a grievance to head of the department,delhi then she got this in written that he removed from the services.
Isaac Gabriel
(Expert) 28 April 2018
Send a grievance petition with full dtails and date of appintment,marriage,birth certificates of children, and the sequence of events that lead to appply Civil death etc., to the head of Department and on the details given, you can statr legal action or departmental remedy .
Sudhir Kumar, Advocate
(Expert) 28 April 2018
you continue giving facts on instalement basis.
you now narrated in in 2012 a representation w s made.
again silence for 6 yeas?
Raw Star
(Querist) 29 April 2018
Issac Sir how it will work. How we can do legal action or department remedy.
kindly brief
Raw Star
(Querist) 29 April 2018
Issac Sir how it will work. How we can do legal action or department remedy.
kindly brief
Raw Star
(Querist) 29 April 2018
Sudhir sir...in 2012 she got reply by them that her husband is removed from the services so quit after that...it been long time for her ...last year someone met her from department who is going to retire from the same department and he told her that file a civil death delcaration then consult from a lawyer and after declaration she went to some lawyers...some said file to CAT, some ssid high court and some said to the lower court, now you tell who is right...how would she decide?
That's the reason i posted here to get the answer so she can get her rights from the department...aunt is facing financial crisis so it require help...i cant help them by money because i'm a student so i contribute my help by this way...so please contribute your help.
God bless you
Ms.Usha Kapoor
(Expert) 10 May 2018
Points raised by Mr.Sudhir Kumar are worth considering.
Sudhir Kumar, Advocate
(Expert) 10 May 2018
Facts do not indicate that she was in financial crisis. She kept silent for years.
Now the only remedy is that :-
first get a court declaration of presumed death from the date of missing.
Then challenge removal order having being passed against a person dead in the eye of law before deptt (revisional authority as per rule 21 of CC CC&A rules), and may have to move to court of deptt doe snot hear you.
they pension can be considered.
Ms.Usha Kapoor
(Expert) 01 July 2018
Agree with Sudhir Kumar and Rajeev Sharma.
Ms.Usha Kapoor
(Expert) 01 July 2018
Agree with Sudher Kumar and Rajeev Sharma.
Ms.Usha Kapoor
(Expert) 03 July 2018
Agree with Sudhir KLumar and Rajiv Sharma.
