Boss2966
Industrial Relations
+2 Others

i am a married girl. my brother got a job on my fathers place soon after he died in the same company in state goverenment.at the time of giving a job i and my mother gave him the signatures as no objection upon condition that he will take care of the family as he was the only single bread earner after my father passed away. i was not married at that time.
the condition to take care of family is laid down by the goverenment as per the rules, even my mother is entitled to get some percentage from his salary...now he is not taking care of my mother and she came to live with me as he is torturing her for various purposes and now mother has come to conclusion that she will initiatae legal action against him so i would like to know what can be done in such cases where a person is appointed upon fathers place.
26th September 2012
Dear Anup
Please inform your mother to submit an application against your brother in the concerned office with a copy to Office of the Chief Secretariate of your State, which is located at the State Capital and the concerned department where he is employed. Let her request to submit a part of the Salary of her son directly in her SB Account so that her balance of lifetime can be maintained without the support of her Son. In that application let her mention about her husband's employment in the Office and his death and subsequently given appointment to her son on compassionate grounds after accepting the undertaking from him to take care of his mother and he failed to do so. Hence your mother is submitting the application.
Then she can file some case in Police Station about the torture of her son and further with that record she can file case in the Court of Law.
26th September 2012 From India, Kumbakonam
Dear Anup,
In general Mr. Bhaskar has rightly said about the redressal of grievances. However, intimate about total fact of the case. Since when she is living with you. Your brother is married or not etc.
She can file case in competent court of law for domestics violence, in same act she can ask monthly maintenance, accommodation so many other relief in same suit.
Regards,
Ashutosh Verma
Advocate
15th October 2012 From India, Delhi
Your mother can lodge a complaint with police against your brother under domestic violence act. The Police would not only provide appropriate protection to your mother, but also can sue him in the court of law for torturing your mother. Your mother can also file a case against him under section 125 of CrPC for fixation and payment of monthly maintenance charges, as your brother is legally bound to take proper care of his old mother and to maintain her properly.
18th October 2012 From India , Delhi
if you approach officially your brother may loss his job / your mother may get some portion of salary its depends... you better to approach elders in your family and discuss the thing as only money cant's take care of your mother and you ( as you are married) .. it your brother's responsibility…. please think in that way ....
19th November 2012 From India, Hyderabad
Even if you complain to the department and ask for payment of part of salary to your mother, there is no provision in any Government rules to pay any part of salary to any one else other than the employee, except by virtue of attachment order by a competent court of law. However, due to such complaint, a disciplinary action can be taken against your brother on account of which he may even lose his job. That will be disadvantageous to both, your mother as well as your brother.
2nd December 2012 From India , Delhi
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