K SATYAVAFHI Vs. REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION HILL FORT ROAD ADARSHANAGAR HYDERABAD

JUDGEMENT

(1.) This writ petition is filed for a direction to the first respondent to make payments of Gratuity, Group Insurance. General Provident Fund, Pension and Cooperative Society Benevolent Fund benefits to the petitioner as well as to the second respondent in accordance with Section 8 of the Hindu Succession Act of 1956

(2.) The relevant facts are as follows: The petitioner is the mother of one K,V. V. Satyanarayana and second respondent if his widow. Sri K V V Satyanarayana was working in the office of the first respondent as Upper Division Clerk and he has put in a service of about 12 years. He submitted a nomination on August 21, 1977 in Form IV nominating his mother, the petitioner herein, for the beaefits under the Central Government Employees Insurance Scheme etc. While so. he married second respondent on 23-10-1985. Subsequently, by a ietter to the first respondent dated 28-10-1985 Sri K Y V. Satyanarayana requested to include the second respondent's name as his family member and for the purpose of death-cum-retirement gratuity, he also nominated the second respondent on 8-7-1986 to receive the full amount payable by the first respondent.

(3.) While so, he died in a Scooter accident en 18-19-1987. The petitioner filed this writ petjtion claiming that irrespective of the aoatiatien of the second respondent, she, being a Class I heir, is entitled, along with the second respondent under Section 8 of the Hindu Succession Act, to the amounts in equal proportion. The basis of the claim is that the amounts form part of bis estate and on his death, she is also entitled to moiety as a Class I heir under the Hindu Succession Act The amounts which were due and payable on the death of K V V. Satya- narayaoa were: 1. Death cum-retiretnent gratuity; 2 FamiJy Pension; 3. Provident Fund payable under the provisions of Act, 1925; 4. Group Insurance amount; and 5. Co-operative Society Benovo- lent Fund. A claim is made by the petitioner for all these amounts.