Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Spoise denied family pension for name not mentioned in pension book.

(Querist) 29 August 2014 This query is : Resolved 
Sit/Madam,
My father-in-law superannuated on 1/5/1993 from Bihar Govt Service (Undevided).
He died in Dec last year.
His PPO did carry a joint photograph of his with his wife but unfortunately the portions to be filled with name of spouse and nominee was discovered after his death,to have been left blank .
So her claim for family pension has been turned down.
Is there any means or process by which she can claim/receive the family pension.She is the sole eligible person for the said pension.
Regards.
Udayan Rpy
Kumar Doab (Expert) 29 August 2014
You have posted that she is the sole eligible person implying that no other ClassI legal heir/successor is present other than her.


If the Dept. has denied the claim as per some rules then they must have guided her also on requirements to lodge claim too.


She may submit accordingly to the Dept. in writing under acknowledgment and seek guidelines in writing by Redg. post and if Dept demands she may have to produce the proof of legal heirship/succession in accordance with rules e.g. succession certificate.
Udayan Roy (Querist) 29 August 2014
Thanks. But as the claim was made at the SBI treasury of Bihar Govt where from the deceased received his last pension ,the AG Bihar has intimated this to the Treasury by internal communication and the claimant has thus received only a vebal note..How does one proceed from here on?
Udayan
Kumar Doab (Expert) 29 August 2014
Obtain copy from M/s SBI even if thru RTI route and proceed further.

At the same time the office/official that is
responsible for disbursement/declinature can also be approached.
Sudhir Kumar (Expert) 29 August 2014
Presence /absence of other legal heir is not relevant to the pension claim.

given facts do indicate that the deceased Govt servant has not nominated her for pension so her name is not there in PPO.

Had there been a bonafide error the deceased could have during these 20 years (rather immediately on receipt of PPO)_ objected to the error and got it corrected. He chose of keep quite.


Please come with complete facts as to why he did so.
V.T.Venkataram (Expert) 29 August 2014
Since His PPO did carry a joint photograph of his with his wife, your mother-in-law should send a notarised affidavit to the pf authorities and claim the amount
Kumar Doab (Expert) 29 August 2014
Employer is also responsible to an extent to obtain nomination from employee.

Initiate to act and thus correct the errors whatever has been there.
Udayan Roy (Querist) 29 August 2014
Mr Sudhir Kumar,Mr Doab, Mr Venkatram
Thanks for your advise.
It is certainly strange but my Father-in-law overlooked the error in the entry in the PPO for some reason and due to bad health proposed to withdraw pension at irregular intervals. Most of the times his wife would withdraw from his pension acount on his behalf.
My father-in-law was introvert and had a heavy religious bent. He seldom discussed Office matters at home.Sp no one in the family,including him was aware of the ommission.
Udayan.
Udayan Roy (Querist) 29 August 2014
Mr Sudhir Kumar,Mr Doab, Mr Venkatram
Thanks for your advise.
It is certainly strange but my Father-in-law overlooked the error in the entry in the PPO for some reason and due to bad health proposed to withdraw pension at irregular intervals. Most of the times his wife would withdraw from his pension acount on his behalf.
My father-in-law was introvert and had a heavy religious bent. He seldom discussed Office matters at home.Sp no one in the family,including him was aware of the ommission.
Udayan.
Sudhir Kumar (Expert) 30 August 2014
But you are not sure whether at all she was nominated for pension by him.
Udayan Roy (Querist) 30 August 2014
That is right. Even we are not sure. It is hard for us to determine whether it was a clerical error or otherwise.
Udayan Roy (Querist) 30 August 2014
If PPO does not have any mention of spouse's name or or any nomination,will it a reason strong enough to deny family pension to spouse? Could this not be a clerical error? As I had earlier mentioned ,the PPO carry a joint photograph of the employee and his spouse. Legally can the spouse be denied of family pension despite the omissions found in the PPO?
How is a succession certificate obtained?
Sudhir Kumar (Expert) 30 August 2014
If PPO does not have any mention of spouse's name or or any nomination,will it a reason strong enough to deny family pension to spouse?

Ans : Yes.

Could this not be a clerical error?


Ans : Could be . It should be got corrected fro the deptt. Treasure/bank has no role. Your post does not show if any representation is made to deptt.

Sudhir Kumar (Expert) 30 August 2014
As I had earlier mentioned ,the PPO carry a joint photograph of the employee and his spouse. Legally can the spouse be denied of family pension despite the omissions found in the PPO?

Ans : Joint phto is no substitute ofa nomination and entry in PPO.
Sudhir Kumar (Expert) 30 August 2014
How is a succession certificate obtained?

Ans : Succession certificate is relevant for dealing with employees property and pension is not property of the employee.

get the PPO corrected by deptt. Other options are waste of stationary.
P. Venu (Expert) 30 August 2014
There appears to be a genuine error. The efficacious remedy is in approaching the Administrative Tribunal.
Sudhir Kumar (Expert) 30 August 2014
They cannot go to Tribunal at this stage. They have not represented to the department.

They do not have full facts before them.
P. Venu (Expert) 31 August 2014
There are many reasons why the wife of the deceased employee can directly approach the Tribunal. Firstly, there is no statutory remedy available. Secondly, she is or had not been an employee and hence the rigours of administrative procedures are of no application. Moreover, and most importantly, the the grievance is one involving denial Article 21, the Right to Life.

A dispassionate reading of Section 20 of the AT Act reveals that the provisions are only directory, not mandatory.
Sudhir Kumar (Expert) 31 August 2014
I hope Mr Venu means that she may go to tribunal without giving deptt a chance to correct error, if any on their part and without chance to state facts which they do not know.
Udayan Roy (Querist) 31 August 2014
I think we should first give a representation to the Department for correction. Please advise what documents may suffice for her claim to have the spouse's name inserted in the PPO ?..Will an affidavit before a notary be necessary? Will their son's/daughters (:all maaried and settled) have any role to play ,like declarations etc?
Kumar Doab (Expert) 31 August 2014
Acquire the certified copy of the Nomination Form, even if by RTI, or other means,submitted and check if it was completely filled.

If the name of spouse was filled then you have an edge.

All sons/daughters can sign a declaration in favor of mother. They may have to appear in person to sign.
Sudhir Kumar (Expert) 01 September 2014
If the deceased has made nomination then the battle is much easy.

If seeking RTI then also seek the pension and other benefits applications submitted by the employee before retirement (which is basis for issue of PPO.

Give a plain paper application and no affidavit be given unless demanded by the deptt.

Since widow is alive so NOC of son/daughter is required.
Udayan Roy (Querist) 01 September 2014
My thanx to all. I shall pursue the matter as advised here. I hope we succeed in helping her to secure the family pension of which she is legally eligble. I shall consider the querry closed for the time being.
Thanks to all.
P. Venu (Expert) 02 September 2014
The efficacious remedy, I repeat, is to approach the Administrative Tribunal. The joint photograph in the PPO is sufficient to convince the Tribunal to issue directions to the authorities concerned to rectify the mistake on their part.

This is an error they should have corrected suo moto, once it had been brought to their notice. However, the most difficult or the impossible thing in the governance of our country is the unwillingness at all levels in assuming the responsibility in correcting a genuine mistake; the easiest thing is to pass the buck. Only a direction from the Court only will stir up the authorities from their supine indifference, slackness and callous attitude.
At least, that is the lesson I have learnt in three decades of public service.
M V Gupta (Expert) 02 September 2014
Under pension regulations nomination is not necessary. The employee has to declare his spouse's name in the pension card. The omission to mention her name should not deprive her from getting family pension which is payable to the widow.The spouse my apply to the Department from where the deceased retired along with an affidavit declaring her relationship with the deceased and stating that the family pension may be paid to her. She may also produce affidavits of her children supporting her application.
Udayan Roy (Querist) 02 September 2014
Mr Venu, I appreciate your feelings towards the system and we have now accepted it as a way of life. I am sure a Tribunal will be the most effective way to sort out matters such as this. But as many others have also pointed out that to build a case in the tribunal I will have to follow some procedures such as appealing first to the Department ,supported by affidavits, for remedial actions,failing which Tribunal will be the last resort. Though, I am myself not sure if ever simply appeals have done their job in Govt Departs. I have sent numerous e-mails to them , even made phone calls , but no one has shown any inclination in even anwering leave aside sorting it out. In a way I have been suggested to do countless running arounds before I know whom to actually approach for the redressal. This is the Public Health Engineering Department of Bihar, where my father in law served as a Chief Engineer.
M V Gupta (Expert) 02 September 2014
E mai wont do. As suggested proper application supported by affidavits should be made and followed up. If the concerned department does not respond, get legal notice issue3d through an advocate before resorting to court or tribunal proceedings.
Sudhir Kumar (Expert) 02 September 2014
CAT hs no jurisdiction on state Govt employees.



Please check if Bihar has SAT otherwise it is High Court jurisdiction matter.

But before moving to court you have to be clear:-

(i) The deceased reported his marriage with spouse to the deptt during his service.

(ii) deceased filler her details in pension claim (not mere joint photograph.

(iii) omission of here name is mere mistake of deptt.

(iv) deptt is not prepared to correct mistake.
P. Venu (Expert) 02 September 2014
I had checked the facts: There is SAT functioning in Bihar.

Had there been no nomination the joint photograph would not have appeared in the PPO.
adv.bharat @ PUNE (Expert) 04 July 2016
Author need to give full details of fact so that expert give solution to their problem.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query