K.S.Srinivas
29 April 2012 at 10:09
One government employee who is eligible for superannuation pension and after the death of the pensioner, family will also eligible for family pension as per Pension Rules of Govt. of A.P.
At the time of retirement, the employee has submitted discriptive rolls wherein he has mentioned that the wife (first) was deserted him long back hence joint family photo was not affixed. Later on after retirement, the family court has dissolved the marriage between first wife and the retired employee. Subsequently, the retired employee got married another woman (second wife) and got registered the marriage during 2005.
As per the DOB certificates produced for three daughters (age of the three daughters are 28 years, 26 years and 24 years respectively) of the second wife (marriage was performed during 2005 as per registration ceritifcate) it was noticed that the retired employee might have been illegal contact. The retired employee has submitted the marriage certificate with the second wife and family pension was sanctioned without verifying the above.
In the meantime the first wife represented after the death of the retired employee for sanction of family pension.
In view of the above, the following may kindly be clarified:-
1. Whether the second wife can be taken as legally valid and family pension can be arranged?
2. At the retirement of the employee, the marriage with the first wife was not dissolved.
3. Out of the two wives, who is eligible for the family pension? What type of the reply shall be given to the first and second wives?
JANAK RAJ VATSA
28 April 2012 at 19:11
A has served for 2.5 years in a coy with an unblimished records of service with continued appraisals. for better prospectus, he submits resignation on 10 apr giving 30 days notice as required under the service rules. on 18 the letter is acknowledged by the coy and on 19 apr, a letter is issued to the employee suspending him for criminal breach of trust, professional misconduct, loss to company, passing confidential information to others and so on. mail recd that coy detailing an enquiry officer for conducting the enquiry. can the employee join the new coy where he is selected during suspension period. can the employee take the assistance of an advocate during enquiry proceedings. can employee claim his pf contributions thru labour court from the coy. should employee cooperate or no during the enquiry for the false and fabricated allegations levelled by the company. what happens if the employee do not participate in the enquiry and joins his new coy.
VISHNU
28 April 2012 at 16:14
Brief : Mr X joined Govt. service in 1.10.87. Due to some reason the court set aside the selection based on Advt. 1/86 and therefore he was removed from service on 15.01.1992. The court ordered that Mr X will not fill up new form and may apply again on fresh advt. So Mr X again got selected on old Advt no. 1/86 and joined the same company on 08.02.92.
When Mr. X was in service i.e 15.1.1991, he installed a electrical equipment on a pole in agriculture field but due to spark in pole the crop of same field burnt and he along with the other employees was made liable for negligence and company imposed a penalty of R 5000/- but the same amount was deducted from him when he again joined the company after 08.2.92.
QUERY:
1. When service of Mr X prior to 15.01.92 was not counted/regularised by company then whether the company can deduct the penalty imposed upon him? Whereas the employee had already made a representation that when he was treated as same employee Mr X who joined on 1.10.87 then his services is most liable to be regularised along with all PREVIOUS dues to him since his initial recuritment. The company has neither considered his representation and nor replied. The company follows Punjab civil services rules.
2. Whether the act of company to deduct penalty in the way & conditions of service as narrated above is fair and as per service rules. Can the service of Mr X prior to 15.01.92 be regularised by company if there is any judgment of any court.
harbuns singh
28 April 2012 at 15:57
sir, i am student of m.tech. final year and applied for engineer post in BHART ELEC.LTD.and selected. can i apply for leave after joining the job to complete my m.tech. any rule please help me. i dont want to loose my m.tech as well as job .note- m.tech will be awarded only if i did it without gap. if i joined service for one year then university wd not allow me to compete second year of study after one year gap. if u people know more i mean can i apply to uni. to allow complete study after gap of one year.
K.S.Srinivas
28 April 2012 at 13:03
One government employee who is eligible for superannuation pension and after the death of the pensioner, family will also eligible for family pension as per Pension Rules of Govt. of A.P.
At the time of retirement, the employee has submitted discriptive rolls wherein he has mentioned that the wife (first) was deserted him long back hence joint family photo was not affixed. Later on after retirement, the family court has dissolved the marriage between first wife and the retired employee. Subsequently, the retired employee got married another woman (second wife) and got registered the marriage during 2005.
As per the DOB certificates produced for three daughters (age of the three daughters are 28 years, 26 years and 24 years respectively) of the second wife (marriage was performed during 2005 as per registration ceritifcate) it was noticed that the retired employee might have been illegal contact. The retired employee has submitted the marriage certificate with the second wife and family pension was sanctioned without verifying the above.
In the meantime the first wife represented after the death of the retired employee for sanction of family pension.
In view of the above, the following may kindly be clarified:-
1. Whether the second wife can be taken as legally valid and family pension can be arranged?
2. At the retirement of the employee, the marriage with the first wife was not dissolved.
3. Out of the two wives, who is eligible for the family pension? What type of the reply shall be given to the first and second wives?
saravanan palanivel
27 April 2012 at 20:54
Sir, I am Tamilnadu State Govt. School Teacher. Shall i take online classes from my home in my early hours? If not possible. How can i do it legally?
PARVATHI KRISHNAN
27 April 2012 at 18:54
Sir..great! I am parvathi from chennai..I need legal advice to proceed my effort to get job under compassionate ground of my father ..He was absconding on 30.06.1990.We file a FIR in local police..meanwhile my mother applied for job under compassionate ground ..But in office adviced to come after 7 year with police certificate ..Mother followed his advice and applied again 1998..Meantime one lady giving petition to my father officer for claiming my fathers benefit..She said that she was a second wife..Officer informed us to get a court decree and apply the benefits. We filed a case and get the court decree..1997 29 oct , my mother also dead due to ill. we are minor when my father was missed and we depend to relative after my mothers death.The court decree seems to be death get on 05.03.2004..we proceed a application for job under compassionate ground..officer adivced to us that the tamilnadu government ban the job from 2001. and give a requisition letter to return the HBA documents paid the dues..we followed... Today i was in very worse economical situation, i given a petition to my father office for job under compassionate ground..they sent a return letter for my petition that they refuse my requirement under three rules... that is (1)i was married (2) we are not applied with in 3 years from the date of court decree(3) and my age limit overed 35yrs..These are the problems ..Sir please give a advice to get the job? What way to get ? shall i apply succession certificate to get the job?what is your best opinion for my case Parvathi krishnan
Anuj Garg
27 April 2012 at 15:42
Hi Experts,
If a company has a policy of serving notice period of 3 months and an employee mention in his email that he will not be able to serve for more than 1 or two months and management does not agree on it.
Even employee is ready to pay the short payout for the remaining days and he has mentioned everything in his resignaion email.
What will be the Consequences for employee and can company stop his relieving letter in this case?
Please share if you have any fact or decision from labour department or court.
Thanks
Debi Prasad Basu
27 April 2012 at 12:31
Dear Experts
I request to you to show me proper guideline through which I could recover my father's retirement dues
Fact of the case is as follows.We stay in kolkata, my fathers worked in one of the renowned electronic marketing company in kolkata( Present turnover 3000 crores). He served the company for 22 years and retired from company in 2002 .After retirement his retirement dues are not paid . After long exchange of letters company paid PF in 2003, there after he filed a Title suite in 2006 with City Civil court in Kolkata and in 2009 company representative called us in kolkata promised verbally that if we withdraw the suite then they would pay the amount due to us . He died in 2009 december and case was finally withdrawn in 2011. There after company gave clearance to LIc for refund of the annuity doposit lying with LIC. But till date company did not paid gratuity lying one months salary and leave encashment.
I request experts to provide me proper guidelies through which i could recover my father's due with out much litigation
Thanking You in advance
Debi Prasad Basu
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P.f deduction
Sir, Can the employer say that no amount is payable under the head P.F to a retired government servant on the ground that there is no deduction from the employees share and therefore employer share is also not payable?