Read this news report as per which family members of a missing government employee or pensioner can get all benefits including pension, gratuity and leave encashment among others after filing FIR with police station and following the necessary procedure, including signing of an indemnity bond.
Of course, your case is a little complicated since your father was removed from service due to his absence as you have yourself mentioned that your relatives were negligent in informing the Government about your father being missing.
Please note that in the case of removal from service, pension or family pension may not be admissible.
Further, you have not clarified as to whether your father is missing continuously since 1995 or he was traced thereafter (i.e., after his removal from service). This fact may also affect your case.
As per Section 108 of the Evidence Act, if nothing is heard about a person by the persons (such as relatives) who are naturally expected to hear about him, for a period of seven years, then such person may be presumed to be dead.
So, you may have to consult some local lawyer and show him all relevant documents / details and take his guidance about your case, in view of the complicated questions of facts being involved. As mentioned in our guidelines, we do not look into detailed facts of a case. However, I have provided broad guidance in your case on the basis of the general principles.
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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