Rights on govt employment after death

Finance Executive

Dear Sir,

 

My father in law passed away 4 months back and was a govt employee while death. Now, mother in law wants that job, but her son is creating problems for her to the extent of beating her.

 

Pls help me in legal assistant on the following:

 

1)   Who has the primary rights on the job – mother or son or both?

2)   What are the procedures for claiming settlements?

3)   How long will settlement will take?

4)   How can she get rid of her son?

Best regards,

Sunil Kumar

 
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civil practice

It is called compassionate appointment and no one has right to get it. The appointment could be given to any one of them if one satisfies the requirement for the post.

 
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FIN

Mother.  She should have suitable qualification for the post of her husband or should opt for any post.

Son if mother surrenders in favour of son.

Mother being class 1 legal heir. she should file the claim. She shall have to persue her case. The concerned dept. rules shall confirm time for settlement. obtain the copy of rules.

For the incidences of beating she can report to police or the elders should sit with the family and help the widow.

if she is not able to defend herself from beatings she can disown.

 
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Consultant & Legal Analyst

Dear Sunil.

 

The replies to your queries are as follows:

 

1)   Who has the primary rights on the job – mother or son or both?

 

ANS: Compassionate employment is at the discretion of the employer. However, it is permissible to any unemployed member of the family of the diseased provided there is no other source of income to support the livlihood of the family. But, where first right goes to the wife of the disceased and only thereafter the eligible son or daughter.

 

2)   What are the procedures for claiming settlements?

 

ANS: Government servants are normally eligible to claim Pension, Death Gratuity, Payment of Insurance money under the Employees Insurance Scheme, Savings part under the Employees Insurance Scheme, Leave Encashment for the accummulated balance of Earned leave, and the General Provident Fund (GPF), which his wife will have to claim on the prescribed forms, which can be had from the Pension dealing office of the organisation or the Administrative controlling office of the employee. However, if some one else has been nominated to recceive the money of Insurance & Savings part, Gratuity, GPF, only the nominee can claim that amount except the pension, which is the right of the eligible surviving member of the family, i.e., the wife and thereafter minor sons & daughters.

 

3)   How long will settlement will take?

 

ANS: The settlement of claim may take about 3 months in completion of administrative formalities about verification of services and deposits made, etc.

 

4)   How can she get rid of her son?

 

Ans: She can lodge a police complaint against her son for her beating and even disown her son by notification in any local and national newspaper, if he continues to maintain such attitude towards her.

 

PS Dhingra

CEO

Dhingra Group of Consultants

New Delhi

dcgroup1962@gmail.com

 
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Respected Sir/Madam,

 

I am from kolkata,i have a issue, my father worked in union bank of India for 30+ yrs then died in 2011(8th feb)at the age of 57,3yrs before retirement, in our family he was the only breadwinner, there are four dependent of out family,my grandmother(80),mother(50),brother(24),elder sister(marriageable age25)and me(23),my brother only works in a private company salary.8000/month.so,any one of our family is eligible for a compensatory job in the bank, in 2009 September my father felt some health problem(gastro problem) then applied for leave for medical checkup, but due work pressure of year ending he was denied. My father continued with his illness, and then in feb 2010 sadly diagnosed with stomach cancer and then died in 2011 feb, due high expenditure of treatment we are now in financial crisis, in spite of our situation bank decided not to giving compensatory job to any one of our family members, and they want us to sign in a bond paper giving rs.8,00000(8 Lkh)in lieu of compensatory appointment. and all the amount of the education loans of my sister n brother, they want to deduct it from my father’s gratuity, just giving us merely 4-5 lkhs in our hand. I think Bank is ruthlessly behaving with us and trying to avoid their responsibilities. If the bank don't want to give compensatory appointment i don't want it ,the only thing i want that they should take some responsibilities of my family.Plz.. help me what should i do. Should we sign the bond paper or will file a legal action. Here is my e-mail id - tarun7001@gmail.com

 
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FIN

Dear Scoop,

It is sad that you have lost your father.

Bank can deduct loan amount. Bank is liable to pay terminal benefits only e.g PF, Gratuity, Group Insurance amount etc.

First of all obtain rule book of the bank. If the BM or concerned office does not help, you may raise RTI application or submit a written representation to the Chairman of the bank. If as per rules of the bank or governing govt. body the policy of compassionate appointment exist and lump sum amount in lieu of it then you may choose if the family can opt for choice. It shall be better to opt for bank job since all of you are qualified and a secure job with the bank can help in a long way

Do you have the record that leave was declined? Try and obtain if you can and keep it in your records.

All employees are covered by Group Mediclaim policy and there is separate amounts fixed for critical diseases. You may obtain the details of the policy from bank and if required raise RTI application.

Did your father lodge mediclaim and received the disbursements?

Kindly take the help of experienced, competent well wishers of your family who know the details of the service matters and senior members of bank union, as they can inform you on the details of the rights of the family, after the death of your father and bank policies.

For help from bank you can submit a petition/appeal to the chairman of the bank, and bank may help from welfare policies if any. Kindly take your time and obtain the help of experienced, competent well wishers of your family to draft the appeal carefully.

 

Valuable advice of learned members/experts is sought.

 
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FIN

 

Dear Scoop,

You can find the relvant info in the post:

Forum Home > Others > Labour & Service Law > Compensatory Job in Life Insurance Corporation of India

You may click the following link:

http://www.lawyersclubindia.com/forum/Compensatory-Job-in-Life-Insurance-Corporation-of-India-34494.asp

Mr. Shri Gopal has mentioned about a case in which lady won against UCO Bank. You can obtain details and take cues.

 
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sir,

i don't have the record that leave was declined,coz my father had told me  that verbally only .yes received the disbursements but still some are pending but the account has been locked only accessible to higher authority.i have already talked with members of bank union but they told me that there are no such rules,they told that it is allowed if my father would have died earlier like at the age of 50 but he died at the age of 57.They only pays lumpsum in lieu of appointment but my father several times had told me that the bank considers the family condition.and i also don't know the  rules properly,but still they can't leave my family in such a financial crisis,i am just gradute even unable to pursue my master degree due to finacial crisis.

 
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FIN

Dear Scoop,

For the terminal benefits or eligible payments which bank is under obligation to pay to your family you may make speak to BM/ senior official of the bank/personnel dept of the bank/ union leaders and make a list, and check which are still to be paid, by the bank. For the pending payments you can request the concerned authority in the bank to release at the earliest, and follow up with them. Mr.P.S.Dhingra has also mentioned the terminal benefits, in this post. Kindly read.

The payments are disbursed to the nominee/legal heir, which may be your mother, in all terminal benefits. Bank shall pay the funds in bank a/c of your father to nominee or legal heir. If your father has nominated your mother she may complete the formalities and withdraw the funds.

The members of the bank union must have given correct info; however you should obtain the rule book/employee manual of the bank from officials of the bank/colleagues of your father/union leaders/HO of the bank, or thru RTI. Your family should know and understand the rules properly. Bank rules are required to draft any representation by your family. Your father must have rightly told you that bank considers the condition of the family, and you can submit a written representation to the Chairman of the bank, for compassionate consideration of your case. Bank union can also peruse your case.

Kindly keep in touch with experienced and competent well wishers of your family, senior union leaders and they can help you to draft the representation.

It shall be appropriate to speak to local service lawyer, and seek advice.

 

 

 

 

Mr. Akash Kapoor has given valuable suggestion to your query, in which you have expreseed your concerns as a HR Manager. You can adopt even stricter measures. However there shall be a remedy and soloution.

Adults should behave like adults. and when they don't some introspection is required to be done. Checks and controls are required in a company to ensure discipline. Company is to be protected from loss keeping in mind all probabilities which can result in loss. Company is a source of employment and livelihood not to one individual but many and all employees should have basic sense of responsibility towards the company.

In your company if majority of the employees abscond then as a HR manager you should look at the root cause and do your bit by adopting a reasonable and sound approach and thus leave your mark in the company.

Adults should behave like adults, and when they don't some introspection is required to be done.

Appointment letter of your company do not promote equality.

Companies are trying hard to retain the employees, and offer fat packages, incentives, welfare schemes, sw*nk and plush work stations, employee education policies, career progression, and so on, to retain employees and strive to nurture talent.

If you look at the post at LCI alone, of aggrieved employees, you shall find that there are frequent queries from IT sector. Employees are quick to realize that if they work for 1 year and

 

 
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FIN

Dear Scoop,

For the terminal benefits or eligible payments which bank is under obligation to pay to your family you may make speak to BM/ senior official of the bank/personnel dept of the bank/ union leaders and make a list, and check which are still to be paid, by the bank. For the pending payments you can request the concerned authority in the bank to release at the earliest, and follow up with them. Mr.P.S.Dhingra has also mentioned the terminal benefits, in this post. Kindly read.

The payments are disbursed to the nominee/legal heir, which may be your mother, in all terminal benefits. Bank shall pay the funds in bank a/c of your father to nominee or legal heir. If your father has nominated your mother she may complete the formalities and withdraw the funds.

The members of the bank union must have given correct info; however you should obtain the rule book/employee manual of the bank from officials of the bank/colleagues of your father/union leaders/HO of the bank, or thru RTI. Your family should know and understand the rules properly. Bank rules are required to draft any representation by your family. Your father must have rightly told you that bank considers the condition of the family, and you can submit a written representation to the Chairman of the bank, for compassionate consideration of your case. Bank union can also peruse your case.

Kindly keep in touch with experienced and competent well wishers of your family, senior union leaders and they can help you to draft the representation.

It shall be appropriate to speak to local service lawyer, and seek advice.

Kindly ignore the rest of the portion of the previous  post . Regret the error.

 
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