Enrollment of spouse name in service records
Ramesh
(Querist) 24 December 2016
This query is : Resolved
Dear sir, We have performed our sister arranged marriage 9 months back as per hindu rites and bride groom is working in Indian Railways and now she is pregnant with 7 months and my sister husband (Bride groom ) till now he did not enrolled her name as his spouse on his duty i,e in Railways for providing medical facilities. And for this we have approached with wedding card & Marriage photos and along with my sister to concerned Railway Officer for whom my sister’s husband will report regarding his duties, but that concerned Railway Officer is saying that by employee willingness & with family declaration form only we can enroll her name. Sir, but in this case my sister’s husband is intentionally and wantedly he is not enrolling her name in Railways. So, sir is this rule is there in Railways, are there are no alternate Step or procedure in Railways to get enroll of my sister name in Railways.Pls advice us.
Rajendra K Goyal
(Expert) 24 December 2016
Repeated query, no reply:
http://www.lawyersclubindia.com/experts/Enrollment-of-spouse-name-in-employment-records-626776.asp
Guest
(Expert) 24 December 2016
Mr. Ramesh,
Except with the express request through prescribed form by the employee, any employer cannot make any entry or modify the existing entry in service record of the employee on request of any third party.
So, until your brother in law provides a modified list of his family members for the record of his service book, no Railway Authority can accede to your request.
You may better convince your brother-in-law to do the needful.
Sudhir Kumar, Advocate
(Expert) 25 December 2016
This amounts to non-maintenance of family.
You perhaps have more facts to reveal.
Sudhir Kumar, Advocate
(Expert) 25 December 2016
whether he nominates or not. It is clear that :-
male employees have no option to exclude spouse from the nomination of PF, Family pension,. Gp Insurance & DCRG. Any nomination given before marriage is incomplete.
You submit a representation in writing that per-marital nominations be treated as void.
In such case the accounts deptt will have to seek fresh nomination and then he will be compelled to nominate marriage.
Guest
(Expert) 25 December 2016
Dear Sudhir Kumar,
I humbly differ with your advice, where stated, "In such case the accounts deptt will have to seek fresh nomination and then he will be compelled to nominate marriage."
For family pension, there needs no nomination. Family pension is decided for the eligible member as per the list of family members submitted by the Government servant.
For PF, Gp Insurance & DCRG amounts, the employee cannot be compelled by Accounts Department or even his recruiting authority to make him submit fresh nomination on representation by any family member. They do not enjoy any authority to compel an employee to change nomination, as nomination is always at the sole discretion of the employee.
No employer is authorised to intervene in the private family affairs of an employee, except to take disciplinary action for misconduct of non-maintenance of his family, if found on investigation on representation of the wife, or for non-submission of revised list of family members after marriage.
So, at the most, his wife can represent to the employer against the employee for non-maintenance of his family. Any complaint about non-submission of revised list of family members, may cause bitterness in relations between the husband and wife.
But, as per the query of the author no issue about maintenance has been raised. The issue pertains merely for appearance of the name of his wife on service record of the employee in Railways.
Guest
(Expert) 25 December 2016
Dear Ramesh,
About your question, "are there are no alternate Step or procedure in Railways to get enroll of my sister name in Railways," matters of family affairs, which concerns official life of your brother-in-law, have to be settled within the family by creating mutual trust. You may better take help of some elders of both sides to convince your brother-in-law to submit revised list of family members to his employer.
Rajendra K Goyal
(Expert) 25 December 2016
Agree with the advice from expert P. S. DHINGRA.
Sudhir Kumar, Advocate
(Expert) 27 December 2016
RELEVANT EXTRACT OF PF RULES OF RAILWAYS
Regulation 902(6) "Family" means :-
(a) in the case of male subscriber, the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parents of the subscriber are alive, a paternal grand parents :
Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased, under the customary law of the community to which she belongs, to be entitled to maintenance, she shall thenceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate unless the subscriber subsequently indicates, by express notification in writing to the Accounts Officer that she shall continue to be so regarded;
(b) In the case of a female subscriber, the husband, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parents of the subscriber are alive, a paternal grand parents.
Provided that if a subscriber, by notification in writing to the Accounts Officer, expresses her desire to exclude her husband from the family, the husband. shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber subsequently cancels formally in writing her notification excluding him;
NOMINATION IS NOT OPTIONAL
Regulation 941. Nominations.-(1) The Accounts Officer shall, as soon as the account is opened, invite every subscriber to make a nomination conferring the right to receive the whole or part of the amount, excluding the amount of special contribution admissible under rule 915 that may stand to his credit in the fund in the event of his death before the amount standing to his credit has become payable, or where the amount has become payable, before payment has been made:
Provided that a subscriber who has a family at the time of making the, nomination shall make such nomination only in favour of a member or members of his, family.
Provided further that a nomination made by a subscriber in respect of any other provident fund to which he was subscribing before joining the Fund shall, if the amount to his credit in such other fund has been transferred to his credit in the Fund, be deemed to be a nomination made under this rule until he makes a nomination in accordance with this rule.
FATE OF PRE-MARRIAGE NOMINATION
(5) On the marriage or re-marriage of a subscriber who is not a Hindu, Muslim, Buddhist or any other person exempted from the operation of the Indian Succession Act, 1925 (XXXIX of 1925), any nomination already made by him shall forthwith become null and void.
(6) A subscriber may provide in a nomination---
(a) in respect of any specified nominee, that in the event of his predeceasing the , subscriber the right conferred upon that nominee shall pass to such other persons as may be specified in the nomination ;
(b) that the nomination shall become invalid in the event of happening of a contingency specified therein.
(SOURCE http://www.indianrailways.gov.in/railwayboard/uploads/codesmanual/est-code-I/estbl-vol1-chap9-p01-p24.htm#902)
Guest
(Expert) 27 December 2016
Dear Sudhir,
Not the copy of regulations, but there is a need to show in which regulation it has been made that a subscriber must nominate his wife after he gets married.
So far as the definition of family is concerned, I am well aware of the same.
You may also like to recheck the proviso under Regulation 941 that clearly speaks, "Provided that a subscriber who has a family at the time of making the, nomination shall make such nomination only in favour of a member or members of his, family." Family, besides wife, as per definition includes "parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parents of the subscriber are alive, a paternal grand parents."
Further, if you have formed your opinion based on Regulation 941(5) although that prescribes that the pre-marriage nomination would become null & void, but that does not also state that the fresh nomination must be in the name of his wife. That only conveys that he will have to furnish fresh nomination, but not necessarily in favour of wife only.
Sudhir Kumar, Advocate
(Expert) 27 December 2016
"Provided that if a subscriber, by notification in writing to the Accounts Officer, expresses her desire to exclude her husband from the family, the husband. "
THIS OPTION IS NOT AVAILABLE TO MALE EMPLOYEE
Guest
(Expert) 27 December 2016
Dear Shri Sudhir,
Option is available or not to the male employee, but no regulation provides that the male employee must nominate his wife after his marriage in preference of any other member of the family.
Sudhir Kumar, Advocate
(Expert) 28 December 2016
extract of pension regulations of railways
Nomination � (1) A railway servant shall on his initial confirmation in a service or post, make a nomiation in Form 4 or Form 5, as may be appropriate in the circumstances of the case, confering on one or more persons the right to receive the death-cum-retirement gratuity payable under rule 70.
�����������
�����������Provided that if at the time of making the nomination �
(i) ��������the railway servant has a family, the nomination shall not be in a favour of any person or persons other than the members of his family; or
(ii) �������the railway servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.
Persons to whom gratuity is payable �(1) ����(a) The gratuity payable under rule 70 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by making a nomination under rule 74;
(4) �������For the purpose of this rule, rules 71, 73, 74 �family�, in relation to railway servant, means �
�����������������������(i) ��������Wife or wives including judicially separated wife or wives in the case of a male railway servant;
(ii) �������Husband including judicially separated husband in the case of a female railway servant;
�����������������������(iii) ������Sons including step-sons and adopted sons;
�����������������������(iv) ������Unmarried daughters including step-daughters and adopted daughters;
�����������������������(v) �������Widowed daughters including step-daughters and adopted daughters;
�����������������(vi) ������Father } including adoptive parents in the case of individuals whose personal law permits adoption;
(vii) �����mother }
�����������������(viii) �����brother below the age of eighteen years including step brothers;
�����������������������(ix) ������unmarried sisters and widowed sisters including step sisters;
�����������������(x) �������married daughters; and
�����������������������(xi) ������children of pre-deceased son.
(spurce http://www.indianrailways.gov.in/railwayboard/uploads/codesmanual/pensionrule/Default.htm)
Guest
(Expert) 28 December 2016
Dear Sudhir,
You are just trying to teach me the definition of family, which I know for the last about 52 years, i.e., since several years before your entry in Government service.
You may like to understand a very simple thing that nomination is not an assignment of the account or PF to a certain person, which cannot be changed any time during the life of a person. In case of PF, gratuity, CGIS, etc., a nomination can be changed any number of times during the service period of a Government servant and that is always at the sweet will of the employee, not under any compulsion.
So, even if nomination is made one day in favour of wife that can be changed even the next day in favour of some other eligible person.
Rajendra K Goyal
(Expert) 28 December 2016
Repeated query:
http://www.lawyersclubindia.com/experts/By-court-order-627166.asp
http://www.lawyersclubindia.com/experts/Enrollment-of-spouse-name-in-employment-records-626776.asp
http://www.lawyersclubindia.com/experts/Non-enrollment-of-wife-s-name-621706.asp
http://www.lawyersclubindia.com/experts/Can-we-lodge-complaint-in-railways-621761.asp
http://www.lawyersclubindia.com/experts/Putting-condition-to-enter-in-laws-house-621836.asp
