compassionate appointment under dying in harness rule
RV Sharma
(Querist) 16 July 2015
This query is : Resolved
My brother was the employee of uppcl.He died in 2010 during his service period.He was unmarried at the time of death and that time I was the only dependent on him. But he didn't fill nominations form so they said to get succession certificate for compassionate appointment and others payments.According to uppcl under dying in harness rule dependent unmarried brother entitled to get compassionate appointment but there is require to have deceased employee should be unmarried so a mischievous female has submitted an application in the uppcl office on 2010 where she mentions her wife of my brother but my brother was never married to anyone.After file this application nobody came to prove that
Isaac Gabriel
(Expert) 16 July 2015
You are enligible for compassionate appoinment.Approach the authorities with documents.
RV Sharma
(Querist) 16 July 2015
Then I have filed an appeal in district court to get succession certificate for compassionate appointment and others payments. Finally in the year of 2014 I have got succession certificate in my favour but the office babu are saying about that application again.The facts of this case what the mischievous male/female want she did perfectly and I have paid as ruined my four and half years.Right Now I am paying for it but how to fix this type of situation to prove my brother was unmarried at the time of death . he was just 25 years old.
I just want to ask all the respected professionals that an application of any mischievous female can be considered her for legally weded wife of my brother without any evidence.from the date of filling application nobody came in office till today.
RV Sharma
(Querist) 16 July 2015
Isaac Gabriel
Please guide me I will be so grateful to you
M/s. Y-not legal services
(Expert) 17 July 2015
If you believe that much about your brother, then go for a police complaint against the suspicious lady..
RV Sharma
(Querist) 17 July 2015
But sir already I have been got succession certificate in my favour
RV Sharma
(Querist) 17 July 2015
But that lady name is fake because what the address she mentions as same as my residence address
RV Sharma
(Querist) 17 July 2015
By the help of RTI 2005 Act I have got that application where information says nobody have came not yet nor anyone submitted marriage related documents
RV Sharma
(Querist) 17 July 2015
Actually I have been got lic insurance payments, MF payment after death of
My brother because there had registered nominations in my favour. Other hand my name is also registered in his salary a/c of PNB Bank.
My parents died in 2005. And my brother died in 2010. So I was totally dependent on my brother.
Please guide me respected sir/madam
I have written all the true facts of the case and the crucial part is that succession certificate has been issued in my favour .
RV Sharma
(Querist) 17 July 2015
Please anyone guide
Rajendra K Goyal
(Expert) 17 July 2015
Repeated
http://www.lawyersclubindia.com/experts/compassionate-appointment-under-dying-in-harness-rule-548446.asp#.VakFc6Sqqko
Sudhir Kumar, Advocate
(Expert) 18 July 2015
you needed the succession certificate as non-nominee claimant of dues of a bachelor employee (as long as authorities knew that he was unmarried)
Now the authorities have ground to believe (or at least suspect) that he was married as there is a claim from the said lady. No dues can be given to you.
If she is able to prove marriage (true/false) either by direct or circumstantial evidence then you absolutely have no case, irrespective of fact whether your brother reported that marriage to deptt or not.
You have not stated as to on which ground she has claimed to be the wife.
RV Sharma
(Querist) 18 July 2015
Only an application had submitted by her.Five years have been passed but nobody came to prove nor given any evidence of marriage in department. My elder brother did not nominated anyone in his service book but he had nominated me his salary a/c, Lic Policies and MF.Finally I have got succession certificate but office babu talking about that application again.So what should I do now
RV Sharma
(Querist) 18 July 2015
Sorry sir but I do not the rules of this platform
RV Sharma
(Querist) 18 July 2015
Sorry sir but I do not know the rules of this platform
RV Sharma
(Querist) 18 July 2015
No I met to Executive Engineer he allows a letter to get medical fitness certificate from CMO .then medical certificate granted me fit to do job inspite of all this now babu's is not proceeding my file ahead and talking about that letter of suspicious lady again
P. Venu
(Expert) 23 July 2015
You may seek judicial remedy; the court would issue appropriate directions.
Sudhir Kumar, Advocate
(Expert) 23 July 2015
So the deptt is therefore having a good ground to deny you the benefits.
The lady not be suspiociious in your view but from deptt view she is not suspicious.
The babu and his seniors have all the ground to fear loss of career if money is disbursed to you or job is given to you and the lady proves her marriage.
Merely if you believe or know that lady is fraud that does not help. You have to prove it.
RV Sharma
(Querist) 25 July 2015
Thanku very much for yours kind suggestions sir
But I know well that nobody will help to fix this type of situation.I have to prove that he was unmarried at the time death and I am sure that I'll prove it as soon as possible.
Thanx again
