Your father is entitled to receive pension
sue the school management to direct management to pay pension
Denial of Pension Benefit
Dear Sir / Madam, My father is aged 56 years as on today, he was employed with a Christian Minority school which is registered under trusts. He joined the school in the year 2000 and completed continuous service until May’2021, he had to leave as management decided to lay off around 30 people along with him in Feb and paid next three months salary as severance pay. However, as per the school service rules, all those people who are employed prior to year 2004 will get pension after completing 60 years of people who have completed 55 years with continuous service of 15 years, and who take voluntary retirement will get the pension. All those people who joined after 2004 will be enrolled with LIC pension where employee has to contribute 5% of his basic pay. Now, in the month of Feb’21 around 30 employees where asked to leave the school from their services, and they paid three months salary credited for the next three months. As my father has completed 55 years also 21 years of continuous services, is he not eligible for receiving the pension? School management says they will not pay the pension. Please let me know what are the legal remedies available, to get the pension from the school management. Regards, Prasad ND
Asked 4 years ago in Labour
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6 Answers
If the School's rules and regulations in respect of pension makes your father eligible for pension by virtue of his 21 years continuous service, he may first represent the same in writing to the management of the ?School, get their reply rejecting his demand in writing after which he can approach high court with a writ petition seeking relief of pension and the remedies thereto as per law.
You can complaint to DEO appointed under Section 9 of KARNATAKA EDUCATION ACT, 1983. Against the order of DEO you can approach Director of Education and against his order you can file an appeal to Tribunal appointed under Section 96. Thereafter you can file writ in High Court if you do not get a favorable order. though the institution is minority, in the matter of service it is regulated under KEA.
If he was enrolled in the said pension scheme he will be entitled to the same and they can't deny it.
Dear Sir
Your father is definitely eligible for pension benefits as he was enrolled in the said scheme as well as completed the necessary time.
You can send a legal notice to the school management requesting them to pay.
If they still refuse, you will have to take the matter to court.
Thank you
- Since, your father has completed 55 years also 21 years of continuous services, then as per rule he is entitled to get the pension accordingly.
- If the said school has refused for the same then your father should issue a legal notice after narrating that legally is entitled for bonus as he fulfilled the conditions.
- Further , if no response then he can approach the district education officer against the said refusal .
- Further, if no result , then he will have to approach the court of law.
