Death claim of Army Person

[Nihit Dalmia]

An army person (family in Delhi), working as LDC, died on duty in Assam. Can his wife claim death compensation after almost 10 years? His wife had already applied for compensatory job but her paper work could not reach the Army office on time as the officer demanded some bribe and she refused to pay so the concerned official misplaced her documents. She was not issued any receipt regarding handing over of the documents, thus she has no proof. She was given only Rs. 2.5 L at the time of death and now she is getting monthly family pension which is very less amount. She has a teenage son and daughter.
Where should she file death claim compensation as her application for compensatory job has been refused as time barred? Which forum has the jurisdiction to deal with the matter? Can Labour Court under Employees Compensation Act be of any help?

[Dr. Ashok Dhamija]

From your question, it appears that the Army person, who was working as LDC, was working as a civilian in the army (and, not as uniformed person, it appears). This means that he was a Government servant working under the Central Government. It also appears that he died on duty, but not as a consequence of duty related risk such as an army jawan martyred while in action. Please correct me if I am wrong on facts.

In such a situation, usually he would be subject to the benefits which are available under the Central Civil Services (Pension) Rules, such as family pension, death gratuity, leave encashment, GPF payment, Insurance payment as per rules, etc. There may also be appointment on sympathetic grounds / compensatory job, subject to rules.

Labour Court will not have jurisdiction in the case of Central Government servants.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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