svvsai devarabhotla (Software) 01 February 2013

Cheated pension officer

Hello Sirs,

My Grand Father is a pensioner and he worked as a Sirardar earlier. recently grand father is expired in aug 2012, he has 2 sons and 3 daughters, For collecting Funeral Expences my father brother(Working as RTC conducter) submitted fake letter with 3 witnesses saying my grand father has only 1 son(Uncle), 1 daughter( aunt)

means he cheated pension officer...

So i want to report this to pension officer-- so can you people please tell me what kind of action will be taken on him and how to proceed legally???

Thanks in Advance

BR/Sai...

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6 Replies

Sudhir Kumar, Advocate (Advocate) 02 February 2013

It it is fraud then go to thana

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 February 2013

Dear Sai

No need to worry about it you should file a criminal complaint against him and pensioner officer will be the witness of that case, if the police are not ready to registered you FIR you have right to file a criminal complaint u/s 156 (3) of Cr.pc BEFORE mAGISTRATE IN YOU AREA

Feel Free To Call

Nadeem Qureshi (Advocate)

email : nadeemqureshi1@gmail.com

web: nadeemqureshi498a.webs.com

Mob: +91 9953809956

+91 8802305262

ROHIT SHARMA (Legal Advisor ) 02 February 2013

Normally, after the death of a pensioner the payment of family pension is paid to the spouse of the dead pensioner and if he has minor son or daugther they too are accounted for to receive famiy pension. In your case you are the grandchildren of the dead pensioners and it appears that lawfully you are not entitled to receive any family pension on account of your grandfather. To complain against the pension officer will be futile excercise. Save for yourself time and money.

svvsai devarabhotla (Software) 02 February 2013

Hi Rohit,

What is the procudure for claiming funeral expences???

BR/Sai...

ROHIT SHARMA (Legal Advisor ) 02 February 2013

You mentioned that your father was a kind of government servant of the grade of the work performed as a 'Sirardar'. Yes, there may be provisions in the government employee welafre charter that when ever an emploee dies while during service tenure or otherwise also, some grant is formally granted to the kin and kiths of the deceased emplyoee towrads the funeral expenses as a token of social solaridity. The receiver of such grants are those who are his legal heirs and if they be minor then their widowed mother on transmitting such information to the concerned deceased employees's department and the grant process can be expidited.

How smuch is the amount released is not ascertainable now instantly. If you guess that your grandfathers has 2 sons and 3 daughters, For collecting Funeral Expences your father's brother(Working as RTC conducter) submitted fake letter with 3 witnesses saying my grand father has only 1 son(Uncle), 1 daughter( aunt) means he cheated pension officer by giving not certain information ?

Well, how does it matter now. Who were quoted were the legal beneficiries. The funeral allowances are fixed amount paid and are not paid as per the number of legal heirs and further payment of such allowance to legal heirs does however ascribe to be corelated to any fact of the narure of legal rights to title in the property of the deceased. What would serve by complaining against the autirity who did release the fixed amount.

Sudhir Kumar, Advocate (Advocate) 03 February 2013

You sketchy facts have been well analysed by mr Rohit Sharma.

You never said if your uncle has ususrped the funeralo expenses and spent the money for other purpose. So atleast embezzlement is notappearingfrom your facts?

Further pension office is expected to have details of family members of the pensioner as per the declaration given by the employee at the time of his retirement so that they can decid eligibility or ineligibility of the for family pension. You never said waht was the declaration given by your grandfather.

I repeat that if you are sure that it is fraud then go to thana.

One thing is sure that if your uncle has spent the money on funeal you are not getting anything. If he has not spent you may have to file civil suit agains thim for recovery of the amount by paying 4 times to the lawyer and other expenses.

relations gone are never recovered by any civil suit. These are more important than anything else.