WBXPress

DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HARNESS

Home › Forums › Legal Help › DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HARNESS

  • This topic is empty.
Viewing 10 posts - 1 through 10 (of 13 total)
1 2
  • Author
    Posts
  • November 17, 2012 at 12:34 pm #68095
    Anonymous
    Inactive

    Dear Members,
    A government employee had died prematurely his/her service i.e. prior to his retirement on superannuation leaving behind wife/husband, sons/daughters. Subsequently, son/daughter appointed on compassionate ground. After few days/months he/she turned down to his mother/father/brother/sister to provide financial help or leave his/her parental house or got married and residing separately. Thereafter, above-mention mother/father/brother/sister lodged a complaint before the employer against above fact I mean, they (mother/father/brother/sister) wanted to financial help from the said brother/sister who has employed died-in-harness based on their “No objection” certificate.
    In such case: Is there any order for employer to cut down his/her (who has employed died-in-harness) salary for the dependents? Or, any punishable steps? Or, any order to impose forces to the employed son/daughter died-in-harness?
    Please suggest!
    -Jaymangal Misir, Tulsipara, Raiganj, Dist- Uttar Dinajpur.

    November 17, 2012 at 1:06 pm #75352
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    As far as I know similar issue MAY BE considered in the light of Conduct Rules of the Govt. Service on the ground of negligence to family (wife)! But, there is no straight forward clause/ provision in Conduct Rules to dispense with. So, it is always difficult for the office to take action against employee upon receipt of allegations. However, the Court views it seriously on humanitarian ground and holds that employee for negligence of responsibilities to family members, especially those who are dependent on him.

    November 17, 2012 at 1:35 pm #75356
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    Agree with Mr. Polo. A maintenance case under section 498/A I.P.C. may be lodged before the Additional Chief Judicial Magistrate/Chief Judicial Magistrate. This kind of offence is strictly treated by the Court expeditiously.

    November 17, 2012 at 3:33 pm #75363
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    Dear brother Somnath,
    First of all I like to inform you that my Laptop is giving trouble a lot to itself and me too that is the main reason behind my least attaindance in this forum for some days.
    I like to opppse your last post as you said that sec 498A IPC will impose on the person but as far my knowledge goes 498A IPC will imposed upon husband when maintainance matters. Maintainance is not applicable in this case.

    November 17, 2012 at 5:45 pm #75358
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    I see. Thanks for rectifying me 10moy da. Please get your laptop repaired soon. We are missing you.

    November 17, 2012 at 6:13 pm #75365
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    I think 498A not applicable here.
    498A IPC =Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.
    Section 125 CrPC and Senior Citizens Act : To ensure proper maintenance of parents and senior citizens, the Government of India created a new Act titled: The Maintenance and Welfare of Parents and Senior Citizens Act of 2007. Under this Act, children and property hirers must take care of the maintenance of their parents/senior citizens. The purpose of enacting this Act was to fulfill the gaps in the Section 125 of Code of Criminal Procedure, 1973.

    November 18, 2012 at 2:19 am #75373
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    Wow! Very nice reply bdas. Please tell me the section for enhancement of the maintenance amount. Actually I have not been in touch with records since long.

    November 18, 2012 at 11:46 am #75393
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    127 Cr.P.C. 1973 ( Alteration in allowance.) :
    (1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.
    Appeal for enhancement of maintenance amount under domestic violence act ( U/s 12) :
    A Petition can be filed u/s 25 of the Act in the same court for modification of the said order under changes circumstances.
    Alternatively the order of maintenance can be challenged before the sessions court u/s 29 of the Act within 30 days from the date of order passed by the Magistrate .

    November 18, 2012 at 12:06 pm #75394
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    Dear friends,
    Being an exampted category candidate, during my recritment I had to give the decleration to the department that “I will take care of my father’s family’. Since completion of my training I used to contribute my mother 1/3rd part of my salery. It is still continuing except those hard days of my service – when I was placed under suspension since 1993.
    I was one of the 45 exampted category candidate of my batch of 180 trainees.
    I like share a true fact and sufferings of one of my batchmate. He also contributing 2/5th of his salery to his widow mother. Everything going smoothly till he got his family. He requested to his mother to reduce the amount of contribution but it rejected by the lady. After some time the young family got a little kid as gifted by God. Now the life of the young man became harder than before. He again requested to his mother but again it had been rejected.
    Eventually the man has to pay Income Tax olso on that 2/5th part of his salery on which he has no control!
    A fact I like to share that the mother is a owner of @80-90 lakhs property. And she used to get pension of her husband + rent from tenents of her house as well as interest of MIC of her investments.
    The man is facing trouble to maintain his family + education of the kid + investments for the future of his family and for the kid.
    Members please guide me to guide my friend that is there any rules / acts to protect the young family?
    Friends this is the other side of the truth.

    November 19, 2012 at 4:37 am #75407
    Anonymous
    Inactive

    Re: DECLINING FINANCIAL HELP AFTER EMPLOYMENT ON DIED IN HAR
    I earnestly request to BDas to post an example if available at his end or discuss the matter along with an example so that the matter will liquefy easily and other members will be entrusted with the discussion.
    Thanks for!
    -Jaymangal Misir, Raiganj.

  • Author
    Posts
Viewing 10 posts - 1 through 10 (of 13 total)
1 2
  • You must be logged in to reply to this topic.