NAVEEN CHANDRA PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) All the petitioners before this Court are the children of a deceased employee who died in harness on 19.02.2016 while he was working as class IV employee in a local educational institution known as "the All Saints' College, Nainital". Whereas petitioner nos. 1 and 2 are major, petitioner no. 3 is a minor and is presently studying in "St. Anthony Inter College, Jeolikote, District Nainital", which is a charitable minority institution. The mother of the petitioners had predeceased her husband. At present, therefore, the petitioners are without their parents, and more so without any legally appointed guardian.

(2.) The question before this Court is as to the distribution of the Employees' Provident Fund amount, as the father of the petitioners was covered under the E.P.F. Scheme. The total amount of Employees' Provident Fund as on 15.02018 which has to be paid from the contribution of the deceased employee is Rs. 8,84,974/- (Rupees Eight Lakh Eighty Four Thousand Nine Hundred Seventy Four only). The prayer of the petitioners is that the amount may be released in their favour.

(3.) Learned counsel for the Employees' Provident Fund would argue that under the Employees' Provident Funds Schemes, 1952, which has been framed by the Central Government under the powers conferred by Sec. 5 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, paragraph 70 is regarding "Accumulations of a deceased member - To whom payable."