Legal Question in Administrative Law in India

Re: declaration about dependent in govt. organisation

1. There is no reason why a mother cannot be dependent on two sons at the same time. Nothing in law prevents both sons to share partly their responsibilities towards the mother. It depends upon the mutual arrangement and feelings among the three.

2. It is for the mother to decide whom she wants to be dependent upon. She can furnish an affidavit, if needed, to the effect that she is dependent upon the person concerned.

3. If there is doubt as to upon whom she is dependent, it will be the son with whom she usually lives or who can prove that he is incurring most of the expenses for her upkeep. Also, the son who has earlier declared her to be dependent.

4. If objection is at all raised by an employer, the employee may do one of the following�A: Not contest the objection and simply pay back the benefit taken, with due explanantion that he was not aware that the other son has already declared her as dependent; or, B: Contest the objection and produce before the employer three affidavits (from mother and 2 sons) to the effect that the mother is partly dependent on both sons.

M C Gupta