PARASH CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issue which arises in the present petition is whether a person who is not a member of the family of a deceased employee of the State of West Bengal as defined under the West Bengal Services (Death-cum- Retirement Benefit) Rules, 1971 [hereinafter referred to as 'D.C.R.B. Rules'] is entitled to the death-cum-retirement benefits due under these Rules. Would the mere fact that a person who is a relative of the employee and has obtained the succession certificate entitle him to such benefits although he is not a part of the family of the deceased employee under the aforesaid Rules?

(2.) The facts which give rise to this petition are as follows: One Ramesh Chandra Ghosh was working as a Work Assistant in the office of the Public Health Engineering Directorate, Kalyani, Government of West Bengal. He died on 13th August, 2006 prior to reaching the age of superannuation. He was unmarried and had nominated his nephews to receive the benefits under the D.C.R.B. Rules.

(3.) On the death of Ramesh Chandra Ghosh, his brother, the petitioner, obtained a succession certificate from the competent Court. Ramesh Chandra had three sisters and the petitioner was his only brother. It appears that the succession certificate has been issued on 22nd August, 2010 only in favour of the petitioner, to the exclusion of the sisters of Ramesh Chandra, although they were parties to the application made for issuance of the succession certificate.