SUNIL KUMAR BOSE Vs. AJIT KUMAR BOSE

JUDGEMENT

(1.) The dispute in this case is over a- total sum of Rs. 11,593-10-0 of which Rs. 9500/- was the amount standing to the credit of Sailendra Nath Bose, a Railway servant, in the Railway Provident Fund, Rs. 1820/- also standing to his credit as the special contribution thereto, Rs. 183-10-0 due' to him as arrears of his salary and dearness allowance etc. and Rs. 90/- on account of the value of his share in the Employees' Co-operative Credit Society. It is admitted now that after the death of Sailendra Nath Bose, Ajit Kumar Bose, Ranjit Kumar Bose and Sunil Kumar Bose jointly applied to the Railway authorities for payment of these monies but were informed by the Railway authorities that the Provident Fund money was, under the rules applicable to the deceased Railway servant as regards the Provident Fund, payable only to the minor sons. It was after this that the two sons Ajit and Ranjit started the present action in which they alleged that Sunil was not the son of their father at all and asked for a declaration that they two were the only sons of Sailendra Nath Bose and were as such entitled to get all the monies mentioned above. An alternative case was however also made the averment of which in the plaint is in these words :

(2.) It appears that at the time of the trial this unfortunate and scandalous allegation that Sunil Bose was not the son of Sailendra Nath Bose was given up and the plaintiffs wanted only a declaration on the basis that Sunil- was also a son of the deceased, that they were entitled to two-thirds of the money and Sunil to the remaining one-third.

(3.) The learned Subordinate Judge held that the rule of the Provident Fund so far as it restricts payment to the minor sons only is invalid and that under the general provisions of the Provident Fund Act all the sons and daughters would get the deposited amount according to their respective shares. The rules to which the Subordinate Judge refers were framed by the Governor-General in Council under Sub-section (2) of Section 241 of the Government of India Act, 1935. They are published as part of the Indian Railway Establishment Code and are numbered 1301 to 1339 of the first volume of the Code. Rule No. 1336 is in these words;