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sudalaimuthu, (Advocate and Tax Consultant     22 September 2008


hi friends,

 a man retired from the post of sanitary worker which is permenant one in the year of 1989. and he was denied his pensionary benefits. he struggled till death. he expired in 2004.

now the question is wheather his legal heirs  can claim his/her father pensionary benefits.

Clarify with citations?


 4 Replies

prof s c pratihar (medical practitioner &legal studies)     22 September 2008

pls let me know was there any pending disciplinary proceeding?pension is not a bounty.he should his due .legal hairs can get arrear legal dues as well as family pensio n according to ccs(CCA)rules and fundamental rules 74 B

SHEKHAR MISHRA (public servant)     23 September 2008

Yes   his  legal    heirs     can    make   a   claim  before   the   concerned  authority.

Isaac Gabriel (Advocate)     23 September 2008

           Dear Mr.Sudalai,

                            Whether job was a pensionable one,and his services regularised at the time of retirement.?What was the bottlenecks in sanctioning pension to him?.Whether claim was made to the appropriate authority and the stage at which the matter stood at the time of his death.If at all he was eligilble for pension and no orders to the contrary passed at the time of his retirement,,no force on earth could stop the pension.The legal heirs can claim the pension to the appropriate sanction authority.

Rajadiraja (Advocate/consultant )     13 December 2009

Having viewed this topic, I have a question relating to pension attachment.  Where a marraige has been nullified and child is with mother, and the mother has filed various cases against the father- under DV Act, under sec 125 crpc, etc for maintenance of herself and child, stating he is drawing high salary and has property, etc  because of which the father has taken VRS and is now drawing pension for his livlihood and is jobless though aged only 51 and has no other income or property; can the cruel lady attach the pension amount and retirement benefits of the father.  Pl. give me a detailed reply as to how the objections have to be filed in the court.  Urgent please.

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