Gratuity Nomination
Kulbir Singh Bahri
(Querist) 05 June 2010
This query is : Resolved
My brother got married in 1993 and filed divorce petition in 1994. Thereafter the lady filed complaint under 498-A also. My brother changed nomination for Gratuity in 1994 favoring mother and father mentioning against both the names:
Mother - Full
Father - Full
My brother expired in 2010. On request of my mother release of Gratuity was processed in favor of my brother for full amount as his father got expired in 2000.
The audit department declared the nomination as invalid because of mentioning full amount against both names.
Now question is this that both mother and father were Family members who were nominated. Since father is expired, mother is entitled for full share.
Assuming father would have survived, in that case the full share would have been paid either to mother or father. Now where is the question of invalid nomination.? What we understand that invalid nomination has been mentioned at the behest of some mischeaveous element. Kindly clarify and give us your valuable comments to put in our represnatation?
Regards,
mahendrakumar
(Expert) 06 June 2010
by Nomination,the nominee does not get full title. He/she is only a trustee to the amount received and have to part it to the legal heirs.
did your brother's divorce case was decided in his favour before his death?
if not his wife is also entitled to get a share of benefits.
Kulbir Singh Bahri
(Querist) 06 June 2010
Thank you very much for replying promptly. The reply you have furnished regarding nominee as trustee is into my knowledge.
My brother got divorced with one time settlement for present, past and future and nothing to be demanded from the relatives, parents, etc. from movable or immovable property.
Respected Sir my question was that the nomination form filed by him has two names - mother and father and the share of gratuity mentioned against both the names is as follows:
Mother - Full
Father - Full
The form was submitted with the administration which was accepted in 1994 and put on record. After his death the administration after making due consultation from the legal cell payment order was issued for release of gratuity in favor of mother since father had expired. His death certificate was submitted.
Audit department, it appears, at the behest of some mischievous elements declared nomination invalid because full and full is mentioned against both the nominees. Both the nominees are family members, now one is expired the other is certainly entitled for full amount. So kindly advice by merely mentioning of full-full against both names leads to invalidation of nomination when the administration accepted the nomination in 1994 and it also issued release order for payment of Gratuity in favor of mother, after duly taking into account that full-full is mentioned against mother and father. Shall greatly appreciate if you could kindly give comments against declaring the nomination absolutely as invalid on flimsy and non-sustainable grounds.
Thank you once again with warm regards.
mahendrakumar
(Expert) 06 June 2010
i think,they cannot invalidate the nomination accepted in 1994.
was the nomination invalid on the above ground,it should have been notified earlier.
initially send a representation to the concerned dept by regd post and wait for their response.
if you donot get a response in writing within a reasonable time,raise an rti provided the dept is a govt/quasi govt or funded/aided by govt for asking them the present position/progress along with the file notings etc.
if you are not familiar with using rti,please visit rtiindia.org for guidance.
Uma parameswaran
(Expert) 06 June 2010
Send a representation and if failed to get answer file Writ before High Court.
