Legal Question in Civil Rights Law in India
Dear Sir
I am (39) and my brother is 42. I have 6 Six Sisters (all elder than both of us).
My father was a Assistant Head Master in a Govt School at Tinsukia Assam.
My father expired in 1980 during the tenure of his service. My mother aslo expired 2 months later. They left behind 4 unmarried sisters (aged about 16,14,12,11) and we the two sons me and my brother (5,8) respectively.
We Approached the govt school for the family pension of my father in 1980 but the school authorities refused basis that we dont have our mother to claim the pension.
Me and my brother also did our schooling from the same school till our high school and did the follow up for this pension but the school authorities gave the same answer.
In 1995 once this family pension file has gone to higher authorities in the name of my smallest sister but again it kept lying with the authorities.
In 2010 when i thought to ask its status through right to information act the inspector of school replied that the school authories tried to contact us but they could not as the whole family is not available.
We we came to know it in 2010 i replied that how it can be possible we ( me and my brother ) have done our schooling from the same school from 1980 to 1990 and we were in constant touch with the school authorities and this delay of 33 years is not our fault.
Now the Inspector of School has instructed the School authorities to put the fresh file again in my brothers name as we have informed that our smallest sister in whose name the file had been put up in 1995 got married and me and my brothers are the legal heirs of my father and we decided should claim it by taking the noc from all the sisters, Just wanted to ask as we are claiming this family pension now in 2013 when we (sons) are major. Please Suggest As per the pension rules of govt of Assam:- Family and for that matter Family Pension will be admissible to the family members as per the following priority : 1.Wife or husband of the deceased Government servant upto the date of her/his death or re-marriage whichever is earlier. In case of more than one wife, the eldest surviving wife of the deceased government servant is to be paid family pension.Here, the term eldest should be construed with reference to the seniority according to the date of marriage with the deceased government servant and not with reference to the age of the widow. 2.Eldest minor son till he attains the age of 18 years. Eldest unmarried daughter till she attains the age of 21 years or marriage 3.whichever is earlier.(priority will be given in accordance with seniority among all children) 4.Physically handicapped children will be entitled to family pension for life subject to certain conditions. Such pension will follow only after completion of the normal order of seniority of children according to admissible age. 5.Minor son and daughter legally adopted are also eligible for family pension. Children born after retirement are also eligible for family pension as marriage after retirement is recognised for the purpose of family pension wef 18/01/1995 vide Assam Services (Pension) Amendment Rules, 1995. 08.10.2013
Dear Sir / Madam,
Since you all are presently major citizens, you are not entitled to family pension as per the prevailing Government rules. But, you ought to have got your father's pension from the date of his demise till the date you turned major, which you should ask the Government to pay and settle without any further delay.
Regards,
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