UNNAMALAI Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) THE prayer in this writ petition is for the issuance of a writ of Mandamus, to direct the respondents to disburse the terminal benefits accrued in petitioner's son's account amounting to 50% of the amount under death cum gratuity and 25% of the amount under group insurance scheme.

(2.) THIS petition has been filed for the terminal benefits. Clause-5 of the GPF Rules reads as follows:

(3.) WHEN the person nominated for DCRG, 50% of the DCRG shall go to the mother and 25% shall go to the wife and 25% will be shared equally between the two daughters of the petitioner. Similarly 50% of the GPF shall go to the mother and 50% has to be shared by wife and two daughters. Thus it appears that 50% has been given to the mother and 50% has been given to the wife and two daughters. Though the parties are Hindus, as per the Hindu Succession Law, they are entitled to share equally the properties of the father or son as the case may be. But, this method of allowing nominations to be made by the employee. This method of dividing the share to the mother, wife and daughters resulted in unequal treatment. This Court is of the view that the Rules may be changed specifying the upper limit for such nominations, thereby wife shall get at least equal share along with the mother and daughters. The present case resulted hardship to the wife as well as the daughters. This Court expect the authorities to modify the Rules so that the interest of all the dependants of employees will be protected.