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vaibhav negi ( graduate)     24 October 2011

Drawing two pensions with two different names

Hi, My mother got state government job (Teacher) after marriage, in which the original Name was written in all of the documents i.e, kala devi (kala devi is written in all marksheets and graduation certificates). After a few years  my father got expired (he was in army) at that time My mother-in-law (my dad's mother) wrote in the documents (of army) a different name(because at that time my grandmother used to a nick name) which was , Smt. Poonam. So from that time (about 28 years ago) till now it got the same name(Smt poonam Devi) in the pension which is obtained on behalf of my father.

on 2008 my mother also got retired from primary Teacher Job. The biggest problem is that my mother was not aware of this thing,that in future it would be more paining, and now All the bills(electricity, water,pen card,voter id and in ration card) have the name Kala Devi. But the bank (SBI, in which my father pension comes) is saying that attach the proof of Address in which there should be a name in which Smt Poonam is mentioned. in few months there would be a unique Id, exists, then it would be more paining, because i know in future this thing (two different names with same residential address, drawing two pension would collide) how this problem can be resolved?. My mom is so tensed, as someone said that in army if they find this fault, they would stop the pension and also would recover  whole of the pension they have given to us since my father death.Please Guide Me, I am not finding a way, your guidance would be highly appreciable. Thanku.



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 13 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     24 October 2011

A soldier in army has to disclose every happening of his life qua his marriage, his chilldren etc. and the same is entered in Part-II order. Even a joint photograph of husband and wife is affixed thereto with full credential. It seems your father introduced some other lady as his wife or Poonam is his first wife and your mother has re-married with your father ottherwise Army never commits such major mistake and even it do not beleive upon version of some other person like your grand-mother. Even photographs and certificattes are required to be affixed while drawing family pension. A long procedure is adopted for this purpose. signature of your mother might have been taken at that time.

 

Now you have only on remedy. Approach record office of your deceased father and move a representation to correct name in their record and accordingly enter in Part-II order.

vaibhav negi ( graduate)     24 October 2011

I am happy that u gave the answer, but a little bit confusion.

I think you didn't took my question correctly, My mother got job first, with a correct name: "kala devi", after few years my father died, my name and my brother name along with a name of my mother "Smt. poonam (which is presented by my grandmother at  about 28 years ago) is mentioned in that Canteen Card,and in discharge book (of my father) and in MH card and in the soldier board records. My father didn't marriage to other lady, nor my mother re-married. I want to tell that, now all the identification relating to pen-card and ration card are belonging to my mother correct name (kala devi) because it is her identification described in her educational records, after retirement (3 years ago) my mother has an account in other bank with a name: kala devi (as this is her correct name according to educational records ). Problem is with the name Smt. poonam  which is present on other bank (incorrect as per her educational records).

now if we somehow change the name in the voter id card, and follows according to the father's pension records, then in future if my mother department ask for voter id card, it would be incorrent because my mother job pension has the different name (Kala Devi). Also someone in lawyers club advised me this: "A duly sworn affidavit before the First class Magistrate in this regard and subsequent public notice by paper publication should resolver her problem."

would the above mentioned details would rectify the problem? .......... please give the answer

Democratic Indian (n/a)     24 October 2011

 

Originally posted by :vaibhav bisht
" Also someone in lawyers club advised me this: "A duly sworn affidavit before the First class Magistrate in this regard and subsequent public notice by paper publication should resolver her problem."

would the above mentioned details would rectify the problem? .......... please give the answer
"

Yes it should rectify the problem. It is not necessary that a person can have only one name. A person may be known by more than one name like aliases.


Getting unique id(Aadhar) card cannot be compulsory. Getting an UID(Aadhar) Card is best avoided due to various possible risks to freedom, privacy and liberty which most people cannot even imagine today. Similar project was undertaken by Hitler to trap the people in his game. All democracies like USA, UK and Australia have scrapped similar projects due to inherent dangers. It is really mystifying why Indian government wants to do something that has been discarded by other nations due to its risks. Detailed discussions may be read below:

 

1) https://www.lawyersclubindia.com/forum/Re-Eminent-Personalities-against-UNIQUE-Identity-Numbers-UID--25042.asp

 

2) https://www.lawyersclubindia.com/forum/Re-UID-Aadhaar-37332.asp

 

3) https://www.lawyersclubindia.com/forum/Re-Netgrid-NIA-and-outside-the-purview-of-the-RTI-39464.asp

 

Sudhir Kumar, Advocate (Advocate)     28 January 2012

 

You have an unconvincing story

By the way it is not clear and believable that you grandmother filled another name in pension papers  and you mother (not illiterate) now being so aware kept on getting pension through a fraudulently opened Bank account.  Someone correctly advised you that if Army or CDA knows this they will not take more than a day to stop pension. The may even attempt to recover the pension paid (which they may not succeed) Anyway the pension as apparent from facts is gone for you.  

 

In case you mother’s retirement is recent and if the last withdrawal of such pension (before retirement) was less than four year old then even she can be charged by her ex-employer under Pension rules as the Govt servant is expected to maintain absolute integrity even in private life.

 

How do you will make everyone believe that “Poonam Devi” can be nickname of “Kala Devi”

 

I have to agree with Mr Makkar that merely your grandmother writing name of any woman on earth does not make her eligible for pension.  The name of wife is well entered in the records of all soldiers. 

 

My dear there are more facts than you know. It appear a very reasonable doubt that your grandmother knew about another woman and your mother agree to sign on that name.

 

Your father might have reported marriage in the unit where he was serving at the time of marriage and Part.II order issued so can be obtained under RTI from the unit.

 

Sudhir Kumar, Advocate (Advocate)     11 March 2018

repeated

 

https://www.lawyersclubindia.com/experts/Problem-facing-in-two-banks-regarding-aadhar-and-pan-link--674801.asp

Sudhir Kumar, Advocate (Advocate)     11 March 2018

The author has nowhere stated in any thread, including the latest one wa to whether or not her mother had ESHS Card or CSD card and if so in which name.

vaibhav negi ( graduate)     11 March 2018

Mr sudhir kumar you are always saying that there is a remarriage issues ...then now I have to raise the question why army personal put the wrong records in my mother army records? Even my mother Photo is also on echa and other identity card of army...so it's a mistake also by army personal ? I just here asking for what to do ....mother did't do any fraud I think the people around us are the cowards even with some army officers whom I know as they always told to her that just let the situation happen as it is because to change any thing in the army records is very painful and the pension would be stopped...due to this she did't opened this matter...also I was not in the state to look all these matters but when situation arise I took the step in 2011 to make affidavit for future happenings.

vaibhav negi ( graduate)     11 March 2018

Mr sudhir kumar you are always saying that there is a remarriage issues ...then now I have to raise the question why army personal put the wrong records in my mother army records? Even my mother Photo is also on echa and other identity card of army...so it's a mistake also by army personal ? I just here asking for what to do ....mother did't do any fraud I think the people around us are the cowards even with some army officers whom I know as they always told to her that just let the situation happen as it is because to change any thing in the army records is very painful and the pension would be stopped...due to this she did't opened this matter...also I was not in the state to look all these matters but when situation arise I took the step in 2011 to make affidavit for future happenings.

Sudhir Kumar, Advocate (Advocate)     11 March 2018

"I have to raise the question why army personal put the wrong records in my mother army records?"

you have to come out of imaginary world and accept reality as it stands on the ground.

 

Army like as any other employer is not expected to spy around every soldier to see if he has put his wife's name in Army Recoird correctly.  it is the declaration from the soldier which is taken into account.  Givedn factgs indicate that the Army person responsible for wrong information was your father who is no more and no action can now be taken against him.

Sudhir Kumar, Advocate (Advocate)     11 March 2018

"Even my mother Photo is also on echa and other identity card of army"

You never stated this fact in any of the multiple threads you opened earlier on the same subject.  It is your choice to keep playing hide and seek and it is your choice to seek advise without disclosing facts.

It is your choice to live in misconception that it is your grandfather (in one thread you stated grandmother) who gave wrong name of your mother and Army accepted it.

You want that everyone should believe that the said entry of name was not on declaration by your father in his life time.  You are free to assume that anyone would believe this.

Sudhir Kumar, Advocate (Advocate)     11 March 2018

"...so it's a mistake also by army personal ?"

Yes your father was an Army person and given facts indicate that in all probability your father created this mess.

Sudhir Kumar, Advocate (Advocate)     11 March 2018

"I just here asking for what to do ....mother did't do any fraud"

 

Then who did it.

Your father?

Your grandfather (or grandmother)? as you say that he/she gave wrong name and Army believed it.

Sudhir Kumar, Advocate (Advocate)     11 March 2018

"I think the people around us are the cowards even with some army officers whom I know as they always told to her that just let the situation happen as it is because to change any thing in the army records is very painful and the pension would be stopped."

 

Yes anyone who wants to tell you  that 2+2=4 is coward. 

Brave was only your mother who lived throughout with two identities.  With one identity she got  pension (and medical facility) from one deptt and on other identity she served another govt deptt.

 

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