Information about funds release without succession
1. My Mother was employed in health department, govt. of Bihar, My father has withdrawn entire eligible funds of my mother. After her death without informing me. Kindly answer me how he has able to withdraw the entire funds without any succession and my information?
2. My father has been get employed my younger brother on the basis of “Anukampa” in the same department where my mother was employed, where there is also without any succession and my information. Kindly answer who is eligible for the Anukampa Job and on which basis?
3. Please provide all the document submitted by them regarding fund withdrawals and “Succession Job”.
4. What are the rules and regulations regarding the employment of any person on the basis of the “ANUKAMPA” after death of an employee during the service period in the Health & Family Welfare Department of State of Bihar?
5. With reference to the question no 1, what are the various funds of the state government of Bihar for which an employee is eligible to withdraw the money after the service or the legal heirs can withdraw after the death of such employee?
6. If any member of family after death of employee has withdrawn the entire fund willfully with the help of some staff without permission and knowledge of other beneficiary of family, in such situation what are the remedies available to other aggrieved beneficiaries?
Asked 3 years ago in Civil Law from Siwan, Bihar
Your father might have been the nominee in the service records of your mother, inspite of this, you can as one of the legal heir of your mother claim your share from your father.
Secondly if you have qualification and are unemployed for the post available under anukampa your are also entitled to the post if you were dependent on your mother or you are taking care of the your father.
ApexCourt in the case of Umesh Kumar Nagpal Vs The State of Haryana
reported in 1994(4) SCC 138, wherein, it was held that the dependent of an employee dying in harness and leaving his family in penury without any means of livelihood would alone be entitled for being considered for
appointment on compassionate ground on purely humanitarian consideration that unless some source of livelihood is provided the family would not be able to make both ends meet.
the revised policy of the State Government Circular dated 05.10.1991 of compassionate appointment which is prevalent even at present contains a clear provision that the condition of the family of the deceased employee
would be primarily taken into consideration while deciding the claim of compassionate appointment of a dependent of the deceased employee
The Government of Bihar vide its Notification No. 3/C 2-10-18 ka dated 26th April, 1995 in the light of various decisions of the High Court modified the earlier notification of the year 1991 with regard to compassionate appointment and this notification provided with two type of committees for consideration of the compassionate appointment. The first committee related to Secretariat and its officials. The second committee related to District Level Appointments which clearly provides that at the District Level there will be a committee which has already been constituted earlier under the Chairmanship of the D.C. and thereafter on the recommendation of such committee the appointments shall be made by the appointing authority in the respective departments.
in your brother case was the above procedure followed ? whether your brother appointment was made on recommendations of district Committee . ?
you have to also find out whether your mother had nominated your father to receive the funds on her death .
even if your father was nominated he is only a trustee for all legal heirs .
you can engage a local lawyer and file a suit to claim your share of the funds received by your father on your mother death .