Department does not reply of my latter or my questions, can i file a case against department
anil sharma
(Querist) 13 January 2017
This query is : Resolved
hello respected lawers,
my matter is, that so many latters I send to my decissed wife's department, but the depatment does not reply, can I file a case against the department,
matter is
meri wife per alligation lagaya ki uske pass school ki chaabiyan or other documents, ke saath bahut sara saaman tha, jo uski death ke baad mujhko loutana tha, per uska saaman or talashi lene ka baad kuch bhi nhi mila, is samband me aap ka suggestion chaiye, kyu ki pension nhi di jaa rahi hai,
thanks
Guest
(Expert) 13 January 2017
Dear Anil,
Family Pension kissi karan se bhi nahin rokk sakte.
About court case, by taking action step by step may make you win the case very easily and without loss of time in court procedures.
So, at first, you may information on your points through RTI, which the department would be obliged to reply within 30 days and at the most within 35 days.
Besides the suggested action, side by side, submit your claims for family pension, gratuity, PF, GIS, etc. on the prescribed forms, as that is quite necessary to claim the dues.
If they still make delay in settlement of your claims send your complaint to the vigilance department.
After that if you still find inaction by the department, you must file a case in the court of law to claim dues and the cost you incurred as well as the compensation for your mental torture.
Sudhir Kumar, Advocate
(Expert) 13 January 2017
While agreeing to the views expressed by Mr Dhingra I will add that once an employee has died no charges remain pending again him even if he/she has embezzled govt property. Your seems to be a case of unnecessary harassment.
Meet able service law counsel in your area with correspondence.
Rajendra K Goyal
(Expert) 13 January 2017
Use RTI to get the information why the family pension is not being released.
Agree with the advice from experts.
anil sharma
(Querist) 13 January 2017
sir maine bahut sari RTI APPLICATION DAALI PER KISI KA BHI REPLY DEPARTMENT NHAI DE RAHA HAI, EVEN ENKE DUARA COMMITEE BANI TO VO KISKE AADESH SE BANAI PUCHA ISKA BHI KOI JAWAB NAHI DIYA GAYA, MERI WIFE KI DEATH KE TIME PER INLOGO NE JO SAAMAN USKE UNDER MAI YA CHARGE ME THA, USME LOKE OR SEAL BHI NAHI LAGAYA, INKO YE DAR HAI KI MAI COURT ME CASE FILE KAR SAKTA HU, ISLIYE YE LOG MUJHE NA TO RTI KA REPLY DE RAHE HAI OR NA HI YE LOG MERE KISI LATTER KA REPLY DE RAHA HAI, MAINE VIGILINCE KO BHI LIKH PER KOI REPLY NAHI AAYA... BINA REPLY DIYE KYA MAI CASE FILE KAR SAKTA HUN
Guest
(Expert) 13 January 2017
If information by RTI has not been given, you may file appeal first appeal with the designated appellate authority and thereafter with the CIC if reply is not received from the appellate authority also.
anil sharma
(Querist) 14 January 2017
sir
RTI KA REPLY NAHI MILNE PER LOKAYUKT RAJASTHAN KO LIKHA GAYA HAI, PER UNKI TARAF SE BHI KOI KARYWAHI NAHI KI GAI HAI,DUSRE YADI CIC OR STATE INFORMATION COMMISSION JAATE HAI TO 2 SE 3 SAAL LAG JAYENGE SIR, MERI WIFE KA DEATH 19-11-2015 KO HUA THA, USEKE BAAD KARYWAHI OR APPLICATION LAGAYA GAYA, PENSION OR GRATUATY KE LIYE
Rajendra K Goyal
(Expert) 14 January 2017
Submit first appeal for the RTI if reply not received.
Guest
(Expert) 14 January 2017
Mr. Anil Sharma,
Lagta hai, aap ko kissi ka sujhav pasand nahin aayega. So, behtar hai ki aap kissi local lawyer se sampark karke salah le aur apne dimag ki maney.
Baki, jadoo ki pudia to kannon ke paas bhi nahin hai jo aap ko de sakey. Thoda time to sabar karna hi padega.
CIC ke paas 2 se 3 saal ka samay kis aadhar par keh rahe hain, samajh ke bahar hai. Lokayukt pension dilaane mein samarth nahin hota. Corruption case ka koi kaaran nahin banta lagta.
Court mein bhi case le jayenge to samay kafi lagega. Faisla dono taraf ki sunwai ke baad he ho sakega.
anil sharma
(Querist) 14 January 2017
dingra sir main aap ki baaton se puri tarah sahmat hun,
yahan CIC SE sambhand nahi hai sir, rajasthan state information commission me to 2 se 3 saal ka time lag hi jaata hai,
aap ki advise bahut achchi hai sir, main usko acpt kart hun
thanks for your advise
Kumar Doab
(Expert) 14 January 2017
You may submit claim for terminal benefits like PF,Gratuity under proper acknowledgment.
Mention in all communications why it has not been paid.
Since lot of time is wasted since everyone is maintaining studied silence,.............you may approach your counsel specializing in such/service matters at your location.
anil sharma
(Querist) 16 January 2017
RTI KI FIRST APPEAL OR USKE BAAD RAJASTHAN STATE INFORMATION COMMISSION ME SECOND APPEAL KI JAA CHUKI HAI SIR,
LEKIN INFORMATION COMMISSION MAI HEARING HONE TAK OR REPLY MILNE TAK KYA MAI, CASE FILE KAR SAKTA HUN, KAHI TIME BAAR KI PROBLEM TO NAHI HOGI,
YEH CASE RAJASTHAN HIGH COURT, YA FIR RAJASTHAN ADMINSTRATIVE APPEALATE TRIBUNAL ME KIYA JAAYEGA,
PLEASE REPLY SIR
Guest
(Expert) 16 January 2017
Case bhi file kar sakte ho, Rajasthan Admonistrative Tribunal mein hoga aur pension claim time bar bhi nahin hoga.
Guest
(Expert) 16 January 2017
You are welcome.
Rajendra K Goyal
(Expert) 16 January 2017
Adequately advised, nothing more to advice.
Kumar Doab
(Expert) 16 January 2017
Wish you the best.
anil sharma
(Querist) 17 January 2017
thank you kumar doab sir, dhingra sir, rajander goyal sir, ms usha ma'am, and sudhir sir for the valuable suggestions
Kumar Doab
(Expert) 17 January 2017
You are welcome.
