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Arvind Singh Chauhan (advocate)     14 June 2010

HOW CAN I HELP

Sir soldier of ITBP died in 1993 during his duty in high altitude. After his death his wife was provided with service in ITBP  on compensatory ground and pension also. Later on wife remarriages and left her mother in law. Mother of soldier applied for family pension that her family is totally helpless now. Daughter in law gives no objection for providing family pension to her mother in law. 

 

                         People helped her in all correspondence since 1995. In 2005 she was informed that her daughter in law’s family pension has been closed. On 22-072009 she was informed that her request for family pension has been accepted  and instructed her to full fill necessary formalities. Immediately she full filled all required formalities. Again she received copy of letter dated 22-09-2009 from Central Record Office ITBP addressed to Accounts Officer ITBP saying that “IT IS THEREFORE REQUESTED TO AUTHORIZE FAMILY PENSION TO SMT DEVKI AT THE EARLIEST OPPORTUNITY ”. But no action was taken. Again with the help of people regular correspondence was made but at last poor old lady died on 01.06.2010 due to illness, lack of proper food and medication.

 

                               Sir whether her unemployed son can claim the arrears of family pension up to the date of her death. The poor labour is unable to approach to higher court. Whether suit can be filed in lower court? if yes please advice proper law and provision. What steps should be taken against the responsible authorities who didn’t took step in one year and left the lady die.  



Learning

 2 Replies

Daksh (Student)     14 June 2010

Dear Arvind,

First of all we have to see as to whether the son is eligible for the family pension as such this fact has to be brought in the knowledge of the concerned department.  Secondly the previous NOC was regarding the mother in law now whether the same procedure has to follow again is another issue.  Last but not least what are the departmental rules and procedure in this regard that has to be seen and all the necessary requisites needs to be complied and still if there is no proper action response you have a strong prima facie case to go to the concerned High Court in Writ Petiton.   

Best Regards

Daksh

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     14 June 2010

well best and lowest exps. way will be to send rti application for the same. and demanding the arrears.

if not successfull, as there is separate forum for the same. please consult any central law practising advocate. i.e. advocate practising under army forum etc.


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