Sbi bank refused to give my father's job after his death
Querist :
Anonymous
(Querist) 21 August 2017
This query is : Resolved
My father was an employee of SBI (PF index no 1594230) last posted at Faridabad main branch (Br. Code 0734) as Dy. Manager died on 20/01/2005 while on service. He had made me nominee in his terminal benefits as son. At the time of his death I was minor of 14 years of age.
2. When in 2008 I became major I claimed amount of PF on the credit of my father in July 2008. One of my four step sisters named Deepti Gupta filled a suit of declaration with temporary injunction in March 2009 at District court Faridabad. Bank stopped all processing for payment but neither told me about that they have sanctioned the amount but can’t pay because of court orders nor court about any sanctioned amount. They also haven’t told me why they can’t pay any amount to me.
3. Said case was dismissed by the Honorable court of Ritu Yadav with a direction that “The Law in this regard is very clear that the gratuity and other benefits shall be given to a person who is either nominee of the deceased or have a valid succession certificate.” with this direction I again claimed PF in 2015 and bank paid me amount which was sanctioned in 2008, no interest paid by bank as the amount lies with the bank whole time while the pendency of suit in court.
4. After onward I claimed for gratuity and family pension as per SBI clauses and nomination, on which bank told me verbally that my sisters have again lodged an appeal in upper court so they can’t process my application. So I wrote a mail to them requesting them that if any competent court of law has issued a stay order on lower court judgment then you can stop my applications otherwise SBI has to follow the direction of law cleared by lower court judgment. On that letter PPG Department of SBI Delhi Circle situated at Parliament Street email me on 19th May 2015 in which they told me about cases pending at district court Faridabad and requests me to submit my documents for claiming the amount. After claiming gratuity and family pension bank paid me gratuity in August 2015 and family pension in January 2016.
5. In November or December 2015 I claimed Exgratia scheme and interest on delayed payment of PF on which bank issued me a letter dated 20th January 2016 (wrong date as letter reached me on 15th January 2016) in which they told me about Law opinion of their Law Department that as per clauses of Exgratia if claimants have disputes among them then court orders are necessary for payment of Exgratia and they have taken the matter of interest on delay payment of PF and Gratuity to their controllers for consideration. I have also asked CGM (Delhi Circle) about what is Exgratia then Zonal Office Delhi Circle(SBI) situated at Parliament Street mailed me clauses of Exgratia and according to Point 3 of said clauses I am only person who can be considered as claimant so I emailed to C.G.M.(Delhi circle) and Chairman of SBI on 20th January for reconsideration of law Opinion as per their clauses only that person can be a claimant who is dependent on the employee and I am the only person who is dependent on my father as I was minor at that time so there is no requirement of getting court orders then on 2nd Feb. 2016 a manager named Mr. Surender Madan posted at NIT Main Branch Faridabad(0734) mailed me asking for Exgratia papers along with affidavit declaring that all of my sisters are married at the time of my father’s death so I sent them all required documents and affidavit which they(SBI) required.
6. On 8th April 2016 bank wrote me a mail in which they told me about interest on delayed PF and gratuity will be paid shortly and for Exgratia they required my identity documents because my sister is claiming me some other person in court. This requirement is raised by bank when they have already paid me three terminal dues and I even have a bank account in their bank in which they have credited the amount of family pension. However I submitted my identity document by mail.
7. On 28th June 2016 bank wrote me a letter that they are not going to pay any amount without succession certificate because it is the extract of lower court judgment (As per direction given by their controllers sitting at head office at parliament Street). I again asked them that they have already paid me amount of some of terminal dues as per same court orders how it can be possible that suddenly court judgment extract changed. Then on 15th March 2017 they again wrote me same wordings that they can’t pay any amount without succession certificate as per court judgment.
8. Apart from this my father also has SBILIFE group insurance policy linked with his PF Index No. SBILIFE releases that amount to SBI in 2010 after 5 years of death of my father and case was pending at District Court Faridabad. Now on 12 May 2016 SBILIFE issues a letter to SBI to Release the amount in my favor as per clauses of said policy but SBI is also not releasing that payment to and asking succession certificate by letter dated 28th June 2016 and 15th March 2017 where as I have nomination in said policy too.
9. At present my economical condition is poor that I have no job from last 2 years and have no source of income from last year as well. Right now I am staying with my In-Laws in Nagaland and my Father-in-law is taking care of all of my expenses. He is retired person and having responsibilities of 6 persons including me and my family.
So I request you to please provide me legal aid and your kind help for getting my legal dues from bank.
I would be Grateful to you for this.
