Pending pension issue Pending pension issue

7 months ago

My pension is being denied even after15 months of my retirement. I want to go to the court. I want to make my Vice chancellor a party in person in the court. How can I do this?

Anik

Responded 7 months ago

View All Answers
A.Dear Client,
If you wish to file a legal case to claim your pension and want to make your Vice Chancellor a party in person in the court, you will typically follow these steps:

Consult with an Attorney: It's highly advisable to consult with an attorney who specializes in pension and employment-related legal matters. They can provide legal advice, evaluate your case, and guide you through the legal process.

Prepare a Legal Complaint: With the assistance of your attorney, prepare a legal complaint outlining the details of your case. This complaint should include the reasons your pension is being denied, the relevant laws and regulations, and the relief you are seeking from the court.

Identify Parties: In your complaint, identify the parties involved. Your Vice Chancellor should be named as a defendant, and you can specify that you want them to be made a party in person.

File the Complaint: Your attorney will help you file the legal complaint with the appropriate court. The court should have jurisdiction over matters related to pensions or employment disputes.

Serve the Complaint: After filing, the complaint needs to be served on all parties involved, including the Vice Chancellor. Your attorney will ensure that proper service is carried out in accordance with legal procedures.

Response and Discovery: The Vice Chancellor and other defendants will have an opportunity to respond to the complaint. During the legal process, there may be discovery, which involves the exchange of information and evidence between parties.

Legal Proceedings: The case will proceed through legal proceedings, including hearings and potentially a trial, where evidence will be presented, and arguments will be made.

Resolution: The court will ultimately make a decision based on the evidence and arguments presented. If you win your case, the court may order the release of your pension.

Enforcement: If the court rules in your favor but the defendants do not comply with the court's decision, you may need to take further legal steps to enforce the judgment.

Appeals: Depending on the outcome, either party may have the right to appeal the court's decision to a higher court.

It's important to note that the specific procedures and requirements for filing a legal case can vary by jurisdiction and legal system.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

View All Answers
A.Dear Client,
Pension is your Fundamental Right under Article 21 of the Indian Constitution. The Pension Fund Regulatory & Development Authority Act was passed on 19th September 2013 and the same was notified on 1st February 2014. PFRDA regulates NPS, subscribed by employees of Govt. of India and State Governments and by employees of private institutions/organizations & unorganized sectors. You can lodge your complaint for non-payment of pension after retirement from service even after a lapse of 15 months to the DEPARTMENT OF PENSION & PENSIONERS' WELFARE, JANPATH BHAWAN,B WING, 8TH FLOOR JANPATH, NEW DELHI - 110 001. contact them on Toll-Free No.1800-11-1960, or E-mail them to care[dot]dppw[at]nic[dot]in. Pensioners may e-mail their specific grievance related to the processing of their pension papers at CPAO to the mail id: cpao[at]nic[dot]in, mentioning the full PPO No. (12 digit). In case a Pre-1990 pensioner is not having a 12-digit PPO No. he/she may mention old PPO No., Ministry, and the date of retirement. As per the provisions of the PFRDA (Redressal of Subscriber Grievance) Regulations 2015, the subscribers can raise their grievances for resolution through the Central Grievance Management System (CGMS) either online at the Corporate website ( https://npscra.nsdl.co.in/Log-your-grievance.php under Log Your Grievance / Enquiry option or offline mode in the specified format (Form G1) or a letter and sent to following address: Protean e Gov Technologies Limited ( earlier known as NSDL e-governance), 1st Floor, Times Tower, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai - 400 013. Apart, Pension Adalat is an informal platform established to resolve pension-related disputes, aiming to ensure timely payments and address grievances started by the Department of Pension & Pensioners' Welfare. In 2018 National Pension Adalat was held by leveraging technology for a speedy resolution of Pensioners' grievances. Lok Adalats are also held for the settlement of disputes related to pension cases. These disputes may include the non-payment of pension, delayed payment of pension, and other such disputes. You can also file a writ petition under Article 226 of the Constitution before the High Court for the appropriate relief.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRecruitment Rules Problem
Dear Client, The recruitment process is governed by the rules of the organisation. The government is the sole authority empowered to change the recruitment rules. In this regard, the Supreme Court has...
question icon10 percent interest rate per month
Dear Client, When you did not avail of the loan without observing legal procedure, you have no legal remedy to resolve the issue legally. Instead, if you litigate the matter, you both will be booked f...
question iconAsking For RTI
Dear Client, Each public authority must designate a PIO at every administrative unit or office under it to provide information to citizens under the RTI. The process of designating such officers is o...
question iconMental Harrasment by professor
Dear Client, you can file a criminal complaint against the teacher for defamation under sec 499 and 500 IPC as last resort . complaint to the management authority of the institution is a viable step
question iconInquiry for RTI act 2005
Dear Sir, You must first apply to the local town committee and if your application is rejected it will disclose the next Appellate Authority to whom you have to approach for getting remedy.