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Death benifits for government employee

(Querist) 10 March 2016 This query is : Resolved 
Sir my friend dad who is working in government sector died and he is having cerdits now one of the money lender had filled case on terminal benefits and now my question is how to get that terminal benefits

kavksatyanarayana (Expert) 10 March 2016
If the money lender filed a case, then it will be decided by the court and if court orders for recovery it shall be recovered from his pensionery benefits. if the case is a false one, your friend also file a complaint against him in the court by approaching a senior counsel of your area.
Guest (Expert) 10 March 2016
Who wants to get terminal benefits of the deceased father of your friend? At least your friend or money lender is not eligible to claim any part of the family pension. Other terminal benefits can also not be claimed by any one else other than the nominees.
Rajendra K Goyal (Expert) 10 March 2016
Money lender can not get the PF / gratuity of the deceased attached.
Kumar Doab (Expert) 10 March 2016
Discuss the matter with an able counsel well versed with service matters and service rules, and show all docs on record including the financial pro-note if any.
Sudhir Kumar, Advocate (Expert) 10 March 2016
you never mentioned whether any money was paybale to money lender and whether he has any papers and on what basis and in which court he filed the case.

you have also not stated whether it is a money suit or a recovery suit in respect of already decided matter.

you have also not stated who is the nominee and whether nominee has been made party and as to which of the terminal benefits he seeks to be attached.
Md Omar farooq (Querist) 10 March 2016
OK sudhir sir yes deceased have to pay 300000 but he filed for 2300000 and yes he has papers wife is nominee no nomiee hasn't made party but earn leave benefits he seeks for attachment
Kumar Doab (Expert) 10 March 2016
If he has not mentioned PF,Gratuity then he has acted wisely.

Further you need to consult an able counsel.
Sudhir Kumar, Advocate (Expert) 11 March 2016
what is leave credit

what is last pay drawn (basic+gp)

if there was a maximum credit of 300 days of EL and if the last pay was 1.5 Lakh per month then such huge amount can be recovered.

if the nominee is not made party then it will be foolosh for the deptt to defend the case without objection. Such judgement cannot be binding against the interests of the nominee.

Sudhir Kumar, Advocate (Expert) 11 March 2016
you are still vague as you have not defined which /what documents are there and whether this is money suit or a recovery suit.

recovery proceedings can be invoked if the court has already decided liability of debtor.


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