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Pension related

(Querist) 15 November 2012 This query is : Resolved 
Dear Sir,

My Dad and Mom both are working in UP government JOB. Dad was working as Marketing Inspector Food and supply department and Mom is a assistance Teacher in Primary school. My Dad was expired on 1993 in a accident at the age of 44-45 and had approx 13-14years of Job in Dept.At starting my Mom was getting the full pension including DA and all but after three or four years Government recover the given DA for the period and started giving half of the amount of Basic pay as pension.to get the full pension we have approached to High court of Allahabad but they told if both are in Gov.Job then DA will not add in Pension. Sir Please guide to get the proper pension.
Sudhir Kumar, Advocate (Expert) 15 November 2012
re-employed pensioner is not entitled to DA on pension.
Verma (Querist) 15 November 2012
Thanks for your valuable reply. But i didn't understand about re-employed . My Mom was already employed and serving as a Asst. Teacher during the time.My Brother got the employed in same department after my Dad.If have any way to get proper pension . Pls advice.
Verma (Querist) 15 November 2012
Please adivce
Victories Venkat (Expert) 16 November 2012
Re-employment of Your brother to the Govt Job. Then, the pensioner is not entitled to DA.
Sudhir Kumar, Advocate (Expert) 16 November 2012
I never said your mother is re-employed pensioner.


joining of your brother is not relevant to DA issue (even if he is employed on compassionate ground).


Based on the given facts I will not agree that your brother is re-employed (even if he is employed on compassionate ground) as stated above
Raj Kumar Makkad (Expert) 19 November 2012
I do agree with the advice of Sudhir.
Verma (Querist) 20 November 2012
Thanks all for your expert opinion and advice.I am really sorry but still These two things is not clear to me why my MOM is not entitled to DA.

first, i was unable to understand the meaning of "re-employed pensioner is not entitled to DA on pension " as suggested by Mr.Shudhir.

Second i wanted to clarify My Brother joined the same dept after my Dad on compassionate ground. he is not re-employed.

Third, My Mom was already working in Gov dept.

I just wanted to understand the reason as why Mom is getting pension without DA and is there any way to get this resolve. Pls help
Verma (Querist) 26 November 2012
hi,

Please advice
Sudhir Kumar, Advocate (Expert) 26 November 2012
I still maintain "re-employed pensioner is not entitled to DA on pension " But your mother or brother none of them are "re-emoployed pensioner" but atleast your mother is employed.


Now you have asked that why you mother is not entitled to DA on pension. Some rules are unjsut but they are.
Verma (Querist) 27 November 2012
Dear Mr. Shudhir,Thanks you very much and appreciate your response.But still a hope, please let me know if any thing can be done in this matter.


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