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Death in Service Benefits to legal heir


Gurlovleen

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Gurlovleen

Sir, An ONGC employee died in service ( 5 yrs remaining for retirement). Death in Service Benefits has been given to the legal heirs of the demised employee.The demised employee is survived by wife, 2 daughter and son. One of the daughter did not receive the service benefits of her father. In this regard, she would like to know the details of Death in Service Benefits(total amount) issued to the legal heirs ie, her mother, sister and brother. Copy of DD or any other payment mode for issue of the benefits.The copy of extract/rules/notification that states the details about payment of death in service benefits to the legal heirs of the family of ONGC employees.The daughter has got legal heir certificate from the competent authority.

Edited by Gurlovleen
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Prasad GLN

Most of such benefits are Provident fund, pension, encashment of leave, gratuity, where nomination must be submitted and should have been registered, as the emoluments are self acquired by father, and disclosing such amounts paid to even own family members may amount to invasion on privacy.

For seeking information no such legal heir certificates are required.  Simply having a legal heir certificate can not get exemption under Sec.8 (1) where nomination is registered.

First file such RTI Application to CPIO, NGC and come back after receiving response from CPIO, for further guidance as per CPIO response for going for second appeal.

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Gurlovleen

Sir,

Information Solicited: RTI Application was supported by Legal Heir Certificate


1.Provide details of financial and non-financial benefits provided or to be given to the nominees of Late Shri  Anand ,CPF No 1233  after his death in service

2.Provide the status of claim applications submitted by the nominees  after his death in service

3.Please provide the name of such  authorized officer, designation,and mobile number for contacting him to obtain information regarding benefits or claims to nominees of employees who died in service

4.Please provide information on list of benefits and emoluments provided to nominees of employees who died in service/natural death

5.Please provide details of PRBS benefits provided to the nominees of after his death in service

6. Please provide information on mode of payment of financial benefits including the copy of Cheque issued  to the nominees after his death in service

 

PIO Reply Enclosed., Please advice on Appeal

Akila ongc Reply.pdf.pdf

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Prasad GLN

Go for first Appeal enclosing self attested copy of such legal heir certificate.

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Gurlovleen

Sir,

The Apellant has enclosed Legal Heir Certificate along with RTI Application

 

However CPIO has denied information vide clause  “Fiduciary Relationship” under Section 8 (1) (e)  and Section 8(1)(j) of the RTI Act, prevents the disclosure of any personal information.

Please advice on Appeal Points

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Prasad GLN

 

File fresh application and seek such information as to the claim was settled in favour of the nominee.  Maximum this can only be received from PIO as nomination is indeed a personal information in between the organization and claimant.   When one can not obtain that information from his own family members, except through process of court by sending a partition notice, one can not expect from public authority as that information is in between employer and employee and is not having any public interest and as such exempted under RTI as per SC Judgment.

Grounds for Appeal:  The information was denied without any justification when the applicant is a legal heir and without seeking comments from those whose personal information was solicited.  

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