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Jaswant Singh   15 October 2018

service matter

My aunt's husband is missing since 2000. his department removed him from services in 2005 even she submitted them the FIR and the not traceable police report. aunt went to them after 7 years in 2007. they said that personnel file is missing. they only having the service book records. she filed RTI in 2009 but department failed to produce the file.matter was raise to second appeal and CIC fined them for missing file exuse. then she wrote an application to GM for service benefits but GM rejected her application and then she raised this concern to the honorable CAT and the CAT made decision in her favour but then the department challenged that CAT's decision to high court and now honorable high court too agreed with the CAT's decision. now they gonna pay to aunt within three months but one day, the account head of department called my aunt to amicable settlement. now they saying that the file is missing so how we calculate the gratuity, leave encashment and other benefits so they offered 1 lakh so please help her about this that if the personnel is missing so what thats mean that she will not get anything? because as they said take this 1 lakh or she'll get nothing because the records does not exist.is file is really require to fullfill her amount???and what about the court's order???


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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     15 October 2018

Dear querist,

 

 

When the time given by High court is over then again file petition in high court, she will get all her legitimate dues, file missing contention of department cannot be accepted.



 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Jaswant Singh   15 October 2018

thank you so much sir for replying. the actual concern is central infomation commissioner already fined to the responsible person when my aunt filed RTI about missing file.

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