Pension related

Alfesaani. (Querist) 15 April 2022 This query is : Resolved
Hello. My mother had applied for pension after the passing of my father, and had submitted all the documents at the concerned office. (It was complicated as my father had not mentioned my mother's name in his pension file, and so my mother had to give them proof of their marriage, etc.) Now the office is saying that they have misplaced/lost the file. In such a scenario what legal steps should my mother take to get a decision on the pension application?

Thanks in advance.

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Quick Summary

If your mother's pension application file has been lost by the concerned office, several legal steps can be taken. Firstly, consider using the Right to Information (RTI) Act to obtain details of family members listed in your father's service records. It's also advisable to send a formal reminder letter for the pension sanction along with a fresh set of papers. If these actions don't yield results, consult a local lawyer to serve a legal notice and potentially file a case in the relevant Tribunal or High Court for adjudication.

kavksatyanarayana (Expert) 15 April 2022
If your mother's name was not given to the service records by your father, whose names were given? Ask the department authorities to supply you with a copy of the list of family members declared by your father in his service records using RTI. And your mother shall send a reminder letter for sanction of pension along with a set of pension papers. Even then they do not sanction or give a reply your mother may File a case for sanction of pension in the Tribunal/high court concerned by consulting a local lawyer.

Pradipta Nath (Expert) 16 April 2022
First of all serve the authority a legal notice and file a RTI as above stated. In case if require take the matter for proper adjudication in tribunal or High Court.

Dr J C Vashista (Expert) 17 April 2022
Which department did your deceased father serve ?
Obtain all information from his (your father's) dossier through RTI and proceed as required by engaging a local prudent lawyer.

P. Venu (Expert) 17 April 2022
You had posted the same query in the Forum Section in the following words -
"Hello. My mother had applied for pension after the passing of my father, and had submitted all the documents at the concerned office. Now the office is saying that they have misplaced/lost the file. In such a scenario what legal steps should my mother take to get the pension?"

Read more at: https://www.lawyersclubindia.com/forum/pension-file-misplaced-lost-223733.asp

Of course, there was no mention of (It was complicated as my father had not mentioned my mother's name in his pension file, and so my mother had to give them proof of their marriage, etc.)

your story is unconvincing.

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