R. Prakash (NA) 17 December 2014

Not getting retirment benefits

My father was employee of Jharkhand State Goverment and he was died on march 14. My mother was already expired on dec 2007. My father is appointed me as his nominee in his office and also in GPF. I have already submitted all the required documents and application in his department. But still they have not paid any type of benefits to me.
I have filled a online complain in National Human Right Comission for that. 
I want to know can I filled writ petition in high court if my complain is still pending at  National Human Right Comission.

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5 Replies

ROHIT SHARMA (Legal Advisor ) 17 December 2014

1. It appears that since your mother predeceased your father then while he was alive he may have named you as your nominee.

2. File an R.T.I. to get such confirmation whether you were named as a nominee.

3. In case you are your father's unmarried daughter (irrespective of whether major or minor in age) or minor son or unmarried adult son then you can contest of non release of retirement benefits of of your father by filing a writ petition before the H.C. or before the state/central Administrative Tribunal even if your pleading before the N.H.R.C is pending.

Sudhir Kumar, Advocate (Advocate) 18 December 2014

Agreeing with Mr Rohit Sharma I would advise that you have already wasted stationary on NHRC complaint.

Jai Karan Nagwan (consultant) 19 December 2014

Right way out, Issue notice u/s 80, this is mandatory. Thereafter wait 60 days, I am sure you will get solution. If not file writ Petition. You will get justice. All the best and don't waste time go to good advocate, who deals with service matter and issue statutory notice.