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Denial of death claim of employee as educational certificate fake


08-Apr-2023 (In Labour & Service Law)
My father is a govt employee .He was appointed in 1980.After 27 years of his service department calimed his educational certificate was fake. Dept. Stop his salary and enquired about that. In that period he died in 2010.His dept didn't take any action aginst him except non payment of salary. Now my mother and me claim death benefit dept. tell us his appointment was based on fake cerficate so we can't calim any benifit. Now my question is that after 30 years of doing his duty my father died and now we can't claim any benifit .Tell me we should move in high court or not.
Answers (3)

Answer #1
588 votes
You have a fot case to come before High Court under writ petition claimimg relief for yourself and your family. If your father's employment was based upon false submissions of educational documents then that should have been verified at day one and a criminal case should have been brought up agaisnt him. But nothing of that sort happened in actual and the departmental enquiry took so long that your father passed away so you can claim compensation for the wrong done by them.
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Answer #2
759 votes
Dear Client your case papers need to be perused before giving any final advice. However, you can always file a writ petition before the High Court challenging the decision of the authorities in rejecting your claim. You can contact for detailed discussion.

Answer #3
918 votes
You should approach the high court. You can contact me for detailed discussion I will help you.

GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA

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