Tahsildar not providing family survival certificate Tahsildar not providing family survival certificate

10 months ago

My paternal uncle was government employee and passed away during his service in Karnataka, he was unmarried and we are the legal heirs as per court order. We have submitted to government office where he was working to get the terminal benefits but no action taken for long time we followed up many times finally they asked to submit my family survival certificate. We applied in tahsildar office but they rejected and informed us as there is a court order we will not be able to issue survival certificate but they are not giving the same reason in writing simply they are giving system predefined reasons like address not correct, nominee details not provided etc. Don't. Know what to do please help who we need to approach if tahsildar denying to provide the service...

Anik

Responded 10 months ago

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A.Dear client,
First try approaching the Deputy Commissioner or Assistant Commissioner. If that doesn't work out, please file a writ petition under article 226 of the Constitution to claim your certificate
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,
In the prevailing situation, you can make an application to the District Magistrate stating the ordeal you are facing for obtaining a Legal Heir Certificate from the concerned authority for a couple of months which is urgently required for settling the claim of the terminal or settlement benefit of an ex-govt. employee who expired while in service. You may also approach the concerned Pay and Accounts Office from where the disbursement of terminal benefits of a deceased Govt. employee is disbursed. Following benefits are granted to the family on the death of a Government servant during service: For Government employees covered under NPS: (i) Benefit from accumulated pension wealth under NPS or family pension under CCS(Pension) Rules, 1972 as per option or default option, (ii) Death Gratuity, (iii) Leave Encashment, (iv) CGEGIS (v) CGHS. For Family pension (In-service death of Government Employee) and Death gratuity following documents are required: (A) For Family Pension: i. Death certificate of Government Employee ii. PAN number of Claimant (Photocopy) iii. Details of single holder Bank Account of the claimant iv. Address Proof v. Passport size photo (two) vi. Two specimen signatures of the claimant vii. Details of height and personal identification viii. Contact details (Mobile No. and Email (if any)) (B) For Death Gratuity: i. Death Certificate of Government Employee, ii. Bank account details of the nominee(s) iii. PAN number of Claimant (Photocopy), iv. A separate claim for each nominee, (C) For other benefits (Leave encashment, CGEGIS, GPF) i. Death certificate, ii. Bank accounts details of the claimant. In view of the above requirements needed for claiming the terminal benefit of an ex. govt. employee, you should make yourself ready with all the requisites and find out the name of the nominee your paternal uncle recorded in the service record and other statutory records to process the matter at the earliest. You may take the help of an Advocate who has an experience in the settlement of such type of claim.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
Take an endorsement from the Tahasildar if not given then also you can approach either Deputy Commissioner or Assistant Commissioner or directly file a Writ Petition before High Court.
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Vidhi Samaadhaan Vidhi Samaadhaan

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