Death gratuity to the dependent parents

ROHIT SHARMA (Querist) 20 August 2018 This query is : Resolved
DEAR ELITE MEMBERS,

FACTS- A GOVT SERVANT EXPIRED ON DUTY. WIFE SURVIVED WITH TWO DAUGHTERS AGED 13 AND 10 YRS. MOTHER FATHER WAS ALSO DEPENDENT AS PER SERVICE DOCS. BUT THE TWIST IS WIFE IS 100 % NOMINEE.

WHETHER MOTHER/ FATHER CAN GET SOME SHARE FROM THE DEATH GRATUITY OR NOT?
WHAT OTHER THINGS IN WHICH MOTHER/FATHER CAN CLAIM THEIR SHARE?
WHAT IS THE APPROPRIATE COURT TO APPROACH FOR TIMELY RELIEF?

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Sudhir Kumar, Advocate (Expert) 21 August 2018
WHETHER MOTHER/ FATHER CAN GET SOME SHARE FROM THE DEATH GRATUITY OR NOT?

No

WHAT OTHER THINGS IN WHICH MOTHER/FATHER CAN CLAIM THEIR SHARE?

Nothing.

WHAT IS THE APPROPRIATE COURT TO APPROACH FOR TIMELY RELIEF?

If they so desire they can enrich a lawyer in CAT.

Dr J C Vashista (Expert) 21 August 2018
The parents will have to move to appropriate court (may be CAT in the instant case) for "some" share in the amount of DCRG through a local prudent lawyer practicing service matters.

P. Venu (Expert) 21 August 2018
Why is it that the parents' require a share? Are there any special circumstances?

Guest (Expert) 21 August 2018
In the nomination case, even a single penny cannot be claimed by mother/ father out of the death gratuity of the employee, as per rules of Government of India. However, the dependent parents can claim maintenance from their daughter in law under the "Maintenance and Welfare of Parents and Senior Citizens Act, 2007"

For that purpose, CAT is not the appropriate court of law.

Sudhir Kumar, Advocate (Expert) 21 August 2018
fully agree with Mr Dhingra.

Guest (Expert) 21 August 2018
Mr. Sudhir Kumar,

Thanks for agreeing with me.

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