Gratuity Payments and other payouts of deceased

Kumar V (Querist) 03 March 2010 This query is : Resolved
My mother expired in the year 2005 and was working in Punjab Govt. Department since 1982.The time she expired a vigilance case was pending against her for which once the judgement came against her in the year 2000, against which the case was filed/appealed at higher court. In the whole tenure since her joining to the Dept. she was not suspended for even a single day and was serving to Punjab Govt. the day she expired. but the Gratuity/PF/Pension and other payouts which are normally given the legal hire of the deceased are still not paid. Kindly suggest whether the department at their own discrition can hold the same or is there any law pertaining to this to hold all the payouts of deceased if any such case/judgement of court is pending the time of demise of an employee. Kindly suggest.. how i can file a case from our side to get all the dues..????

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Raj Kumar Makkad (Expert) 03 March 2010
In the given facts, you are legally entitled to get the entire service benefits pertaining to the service of your deceased mother. As the appeal was pending before her demise so she cannot be treated as a punished employee and no any benefit can be deducted without giving any opportunity of hearing which according to the facts, never happened departmentally so you make a representation followed by legal notice and then civil suit or writ before High Court seeking all the retiral benefits with costs and interest.

Kumar V (Querist) 03 March 2010
Thanx Raj ji.....
as i mentioned earlier in query that once judgement of the lower court was against the employee for which later the appeal was lodged in higher court.... will that make any difference to what you said above..???