DHANNA SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) PETITIONER , who is the father of the deceased Smt. Jasbir Kaur, the employee of the respondent/Central Bureau of Investigation, seeks the relief of being granted GPF and other service benefits which were payable on account of services rendered by Smt. Jasbir Kaur with the respondent.

(2.) THE case of the petitioner in the writ petition is that his daughter Smt. Jasbir Kaur got married to Sh. Balbir Singh on 10.10.1997 but she was manhandled for bringing insufficient dowry and thrown out of the matrimonial home on 3.11.1997 i.e even before the second month of marriage. Thereafter, Smt. Jasbir Kaur always lived with the petitionerfather. Smt. Jasbir Kaur was never looked after by her husband Sh. Balbir Singh. Smt. Jasbir Kaur was a patient of Cronic Renal Failure and she died on 20.8.2000 in her parental home i.e with the petitioner. The husband of Smt. Jasbir Kaur never came for a single day either during the ailment of Smt. Jasbir Kaur or for performing the last rites of Smt. Jasbir Kaur. Petitioner vide his letter dated 7.11.2000 sought the release of GPF amount lying to the credit of Smt. Jasbir Kaur inasmuch as petitioner was nominated by Smt. Jasbir Kaur as the nominee in her GPF account. The respondent however did not pay the amount in spite of a legal notice dated 6.9.2001 sent on behalf of the petitioner, and hence the present petition was filed.

(3.) THE respondent, as per its counter affidavit, has stated that the petitioner was no doubt a nominee in the GPF account, however it is pleaded that it is the husband of Smt. Jasbir Kaur who will be entitled to GPF and not the petitioner. Respondent in the counter affidavit also pleads that besides GPF, other amounts would be payable under the heads of death gratuity, family pension and benefits under the group insurance scheme, but, on these aspects there is no nomination in favour of anyone. Respondent therefore has disputed the claim of the petitioner. The respondent in support of its stand has relied upon the provisions of the CCS Pension Rules as also the Family Pension Rules of 1964, and copies of which have been filed alongwith counter affidavit.