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Arvind Singh Chauhan (Querist) 14 June 2010 This query is : Resolved
Sir soldier of ITBP died in 1993 during his duty in high altitude. After his death his wife was provided with service in ITBP on compensatory ground and pension also. Later on wife remarriages and left her mother in law. Mother of soldier applied for family pension that her family is totally helpless now. Daughter in law gives no objection for providing family pension to her mother in law.

People helped her in all correspondence since 1995. In 2005 she was informed that her daughter in law’s family pension has been closed. On 22-072009 she was informed that her request for family pension has been accepted and instructed her to full fill necessary formalities. Immediately she full filled all required formalities. Again she received copy of letter dated 22-09-2009 from Central Record Office ITBP addressed to Accounts Officer ITBP saying that “IT IS THEREFORE REQUESTED TO AUTHORIZE FAMILY PENSION TO SMT DEVKI AT THE EARLIEST OPPORTUNITY ”. But no action was taken. Again with the help of people regular correspondence was made but at last poor old lady died on 01.06.2010 due to illness, lack of proper food and medication.

Sir whether her unemployed son can claim the arrears of family pension up to the date of her death. The poor labour is unable to approach to higher court. Whether suit can be filed in lower court? if yes please advice proper law and provision. What steps should be taken against the responsible authorities who didn’t took step in one year and left the lady die.

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Raj Kumar Makkad (Expert) 14 June 2010
Though it is horrible story of criminal negligence on the part of concerned officials of UOI yet it is very difficult to fix the responsibility of individual persons due to lack of resources on the part of alive son of deceased Devki Devi.

Suit for declaration can be filed before lower court seeking all arrears with interest and compensation from the date of stoppage of family pension in favour of widow of deceased ITBP personnel. I have conducted various similar type cases in different courts and on the basis of my vast experience, I am of the considered view that the legal heir shall get each and every penny remaining as arrears with UOI with interest if he comes openly to demand his legal right.

ARVIND JAIN (Expert) 14 June 2010
FOLLOW THE RIGHT ADVICE OF MR. MAKKAD.

Daksh (Expert) 14 June 2010
Dear Arvind,

Before resorting to litigation it is advisable to put the department to notice first. This will serve two purposes one is of section 80 requirement and secondly will give opportunity to the department to mend their autocratic ways.

Best Regards

Daksh