pension benefit

Gaurav Nanda (Querist) 12 June 2010 This query is : Resolved
This is my family case........my grandmother is fighting for her right to pension, my late grandfather was servant under punjab government....later when punjab was divided and himachal emerged then he became servant of Himachal Pradesh (H.P. Road Transportation),Since the punjab govt. rules and laws continue to Himachal also till they are changed, hence the benefits of Punjab should extend to Himachal also, but in himachal the himachal govt in saying that they will give pension to only those employees who retired after 1995 while my grandfather retired in 1986 and i think Himachal govt. passed it's own Act on this issue in 1992. Please advice on what are the rights of my grandmother.....and what chances we have of winning the case.....and any caselaw or any other law that is for our benefits,then please highlight that. Any other advice on this issue is most welcomed.

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Raj Kumar Makkad (Expert) 12 June 2010
There is no difference whether HP was carved out of Punjab or not. HP govt. is in succession of Punjab Govt. and the earlier service period of your grandfather shall also be counted as service period and pension for the entire period shall be payable if there is no other hurdle or issue involved therein.

I do not think any ground as per facts stated in your query to resist the right of legal heirs of your grandfather to obtain family pension out of the service of your grandfather. Check the entire matter and re=post the actual reason leading your grandmother to file the case.

Parthasarathi Loganathan (Expert) 12 June 2010
I would like to supplement to Makkadji's advice to division of State will in no way hinder the bonafide pension rights of the claimant.

Guest (Expert) 12 June 2010
KINDLY NOTE THAT AS TWO STATES ARE INVOLVED IN THIS MATTER AND AT THE TIME OF RETIREMENT HE WAS WITH HP GOVT SERVICE HENCE YOU MAY KINDLY GIVE A LEGAL NOTICE TO THE EMPLOYER AND MENTION ALL FACTS AND PRAY FOR PENSION AND OTHER BENEFITS TO LEGAL HEIR.

IN CASE THEY ARE NOT RESPONDING THEN KINDLY FILE A WRIT PETITION TO THE HIGH COURT MENTIONING ALL FACTS AND ALSO ENCLOSING THE COPY OF NOTICE AND ACKNOWLEDGEMENT OF THE SAME.THE EMPLOYER AND THE STATE SHOULD BE THE RESPONDENTS.
YOU WILL SUCCEED.
IN CASE YOU NEED ANY FURTHER HELP KINDLY WRITE AND SEND DETAILS WILL HELP YOU
GOOD LUCK.
WITH BEST RGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

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