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Surya Narayana L   22 December 2020

How to apply for pension and pf

Respected Sir, My father was expired on 2016 and was working in postal department for 33 yrs but unfortunately he messed up with some fraud against him in the year 2007 and suspended from duties for 2 yrs after suspension he was paid half of the salary and in the year 2009/10 he paid the complete amount with interest to postal department but stating this action is his mistake mandal court punished him, he got this judgement in 2012 and he went for an appeal in high court in 2012 still the case is showing in pending but unexpectedly he died in 2016. Is there any chance that I can go legally to get pension / compassionate allowance and the PF amount which govt has been deducted for 33 yrs.



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 6 Replies

G.L.N. Prasad (Retired employee.)     23 December 2020

Contact the Union officials, and they are the best to guide you further.  Contact a colleague of your father that is acquainted with such facts and he can explain facts for better appreciation.  Itis not clear as to the reasons for keeping silent for 5 years after death.  Look at the correspondence made with his advocate and establish contact with him, inform the death of your father, and further guidance on following up.

P. Venu (Advocate)     23 December 2020

Admittedly, your father was punished in a criminal case. If so, what was the penalty imposed by the Postal Department? Please verify.

The appeal could be taken over by the legal heirs.

Furthermore, it is impossible that the Government would have deducted any PF amount. Please cross check.

Surya Narayana L   23 December 2020

After his death i contacted the high court lawyer and submitted the death certificate and requested to dismiss the case, and I follow up till date but he is saying that unless untill case file should come to bench we cannot do anything and on other hand i requested one lawyer to take up the case regarding allowances and PF he replied me that until the case shows still pending in high court we cannot do anything. This is the replies i got and still the case shows pending in ap high court.(case transferred from telangana to Ap high court).

Dr J C Vashista (Advocate)     24 December 2020

Your lawyer is the only and best person to advise and guide you.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     24 December 2020

Many details are missing. To mention a few:

  1. Why your father paid back his half salary (presumably paid to him during his suspension period). Was it because he was dismissed from service without any benefits?
  2. What exactly was the judgement against your father against which he appealed.
  3. In what way Mandal Court is involved? Your father first appealed within the system of Postal Department and whem could not get the orders reversed, he has to go to Court?
  4. Normally any Employee even when dismissed from service shall be, on humanitarian grounds, shall be permitted all the terminal benefits like Gratuity, PF, and Pension as applicable for the service he/she had put up till the date of termination. Whether your father had received Grauttity and PF when he was terminated? In fact, PF is his own money which should have been paid back when he was terminated and there is no reason why Employer shall keep it. Whether your father in fact received PF and Gratuity before his death and the amount is deposited in some bank or financial institution or already spent. 
  5. You may have to contact the Employer's HR Department and find out the exact details of payments made to your father on his termination from service.
  6. What exactly was the cause of action based on which your father went to Court in the first place and what were the basic points for his preferring appeal in a higher court. Kindly note that Civil cases do not get closed because one of the parties expired, genuine and interested party can join as a party to the suit after the death of the original plaintiff. Being Son and claiming the terminal benefits of your father, have done so by now?

 

P. Venu (Advocate)     24 December 2020

Yes, please provide the complete information as sought.


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