Pension and gratuity amount
Querist :
Anonymous
(Querist) 12 April 2018
This query is : Resolved
My father was working in BSNL .
He died on 27 of November.
My father has two wives first one was legally divorced with decree. My father has two child's with first wife and two with the second one that is my mother.
The family detail given by my father in the service book has not the name of previous wife's children's.
But now they had made the legal heir in which they are claiming for the money.
But they are not in the family detail nor in the medical card issued to my father from BSNL .
As per BSNL rules only wife can get the money but they are considering that son as there previous wife son without proof.
Tell me how can we prove that he is not in our family and all the emoulements should go to their wife that is my mother.
Thanks
Querist :
Anonymous
(Querist) 12 April 2018
Please reply
R.Ramachandran
(Expert) 12 April 2018
Your father might have divorced his first wife legally. But there is no provision in any law to divorce the children born to him.
Therefore, in spite of having two children through his first wife, if your father had illegally and wrongly failed to mention them as his children either in the Medical Card or his service records, will not mean that they are not his children.
Therefore, the children through the first wife are his Class-I legal heirs. They cannot be denied their rights by BSNL or by you.
It is not clear when you say "emoluments" what emoluments that you are talking about.
Kumar Doab
(Expert) 12 April 2018
Until or unless the deceased employee and father was Hindu the concept of ClassI legal heirs is not applicable…
Legal heirs are per applicable personal law…that applies say; Hindu.
Are you all Hindu?
Kumar Doab
(Expert) 12 April 2018
IT is surprising if name of 1st wife, children was in service record then after divorce how can name of childen from 1st wife is erased/removed..alongwith divorced wife..
The 1st lady that was divorced thru court is not more wife...
But children fathered by your father thru her womb are his legal heirs...
The establishment has not committed any transgression by accepting them as legal heirs of deceased employee....
Kumar Doab
(Expert) 12 April 2018
Pls post with your ID and you can get many replies. Also draft properly so as to convey a clear message.
Your ID does not mean your email id or phone number and don’t post these also.
Guest
(Expert) 13 April 2018
Birds of a feather flock together. When both the fake experts, Mr. Kumar Doab and Ms. Usha Kapoor don't know the Govwrnment pension rules, what was the relevance of the advice of Mr. Kumar Doab and on what aspect Ms. Usha Kapoor agree with another fake expert?
Contrarily, Mr. Ramachandran's advice seems to be correct, although the querist has not furnished the full facts of the case.
Ms.Usha Kapoor
(Expert) 13 April 2018
Yes Ramachandran's Advice is logical.
Guest
(Expert) 13 April 2018
@ Ms. Usha Kapoor,
Mr. Ramachandran's advice is not merely logical, but is legal being according to the prescribed provisions of Pension Rules of the Government. But, how you could be expected to know, if you don't have any knowledge of rules and regulations of the Government of India on service matters? Fakeness of your expertise was demonstrated very well, when instead of agreeing with the advice of Mr. Ramachandran, you agreed on the vague post of another ffake expert, Mr. Kumar Doab.
P. Venu
(Expert) 13 April 2018
Yes, the the children by the first wife are the legal heirs and entitled for their share in gratuity and funds accruing on the death of the employee.
