rishabh yadav 01 November 2018

who will get the job, pention and fund

my friend's father died last month. he is 28 and only son of his mother, his mother died in 1992. later his father did a second marriage in 1999. his step mom has 2 children 1st is 16 year girl and second is 14 year boy.

before 5 year he is only nominee in service but in 2013 his father added his step mom name.

now both of them want the job i.e. he and his step mom and his mom also want pention and 50% of fund. He only want the job but his step mom is not redy for that.

he is a b.tec and his mother is only passed 8th class.

help...

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3 Replies

anubhav Bhatt 01 November 2018

As per job is concer his father works in which department and your friend want compassionate appointment and his step mother also want the same so in such a case your friend may approach concerned department where move representation and if there any dispute file a writ petition before High Court better if you contact us then I will elaborate properly about your case.

Regards
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 02 November 2018

Your step Mother is a legally wedded wife of your deceased Father. Your father has every right to give nomination of his retirement funds whomsoever he wishes to. However, such nominee should receive the funds in the capacity of Trust only and ensure that the funds are seggregated to the legal heirs.

Further, with regard to compassionate ground appointment, If there are more than two claimants for the job, it is for you both to settle the matter without going to Court. As going to Court will surely defeats the purpose, in view of the present day delays and adjournments. Before 10 years nothing gets settled and even then it shall be open for the appeal by the aggreived party. Therefore, it is better to settle the matter within family.

Just understand that whoever gets the compassionate ground appointment, such person should give an undertaking that he/she will take care of the entire family and dependents of the deceased Employee. In this case, your friend is 28 year old. A Male of that age cannot be taken as dependent. Hence, if Mother gets the job she need not look after him. But when he gets the job he has to take care of Step Mother and the Minor Children. Another point is, if Mother gets the job, she must be in her late 40s if not early 50s (son 16 year old) and so shall have the job hardly for 10 years. In case your friend gets the job he shall retire only after 32 years or 30 years depending upon the maximum age in that department (60 or 58).

G.L.N. Prasad (Retired employee.) 02 November 2018

When the dispute is within the family members, outsiders can not help in resolving the issue. Let entire financial benefits go to your step mother, execute undertaking to send certain amount per month to your step mother during her life time , get those agreements get the status of awards from Lokadalat/Legal Services Authority and then proceed to the employer at the earliest.