Service terminated - remedy for pension


My elder brother was a permananent employee of electricity Board of MP ( Class -2 ) and he was terminated on 2002 on the grounds of absent on duty. He is missing since 2002. He had a wife and a son. Actually he was a drug addict and used to beat his wife so his wife left him with her son in 1990 ( not divorced) and shifted to another city. Now his wife and her son have filed suit for death declaration. There are also service funds left with department and they are asking for succession certificate which will be produced later.  Now the question is whether his wife is entitled for pension or not and how ?  what will be the procedure ?

 
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LAWYER

If he is non tracble from 2002 where were you, had you not filed apolice complaint.The police shall issue the ecertificate for decalring him non traceble and upon that you can proceed further. 

Yes his wife will get pension if the department relaeses along with benfits. 


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Sir,

 department is only talking about service dues not about pension. They are denying for pension. what type of suit we need to file to get court order in regard of pension ?

 
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LAWYER

You can file a writ petition

 
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LAWYER

You can file a writ petition in the High Court

 
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First of all nobody gave information to the department that your elder brother has been missing. The department must have sent the mails that he has not been attending his duty and lastly they may also have sent the notice to report for departmental inquiry, which also may have gone to waste. Ultimately, he was terminated on unde

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Ultimately he was terminated on the ground of indiscipline, so not eligible for gratuity. Since you have filed the civil case to declare him dead under section 107/108 Evidence Act, the court will decide accordingly. However after the decision of the court, his widow will be eligible for family pension as per law of M.P. electricity department.

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Meanwhile collect all the required information through RTI from the electricity department concerning your late brother. The biggest fault is that nobody has informed the police and the electricity department that your brother has disappeared or missing from so and so date.

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Sir, 

what evidence can be provided in 107/108 case ?

 
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U need not provide any evidence in the court under those sections of the evidence act, but court will declare your brother presumed dead because your entire extended family and friends of your late brother have not heard of him for the last 18 years
 
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