PAGALI DEBI Vs. STATE

JUDGEMENT

(1.) THE petitioner is the only daughter of the Kailash Mondal, who was an employee of Shyamsundarpur Colliery, East Sitalpur Unit under the respondent No. 2. The petitioner has said that she lost her mother sometime age. On 16th August, 1986 the petitioner's father also died. The petitioner's father had certain amounts accumulated to his credit with the Coal Mines Provident Fund. The petitioner applied to the authorities for payment of the fund standing to the credit of her father's name. Her application was rejected by the Assistant Commissioner II of the office of the Coal Mines Provident Fund at Assansol on 17th September, 1993. The reason given is that according to the Coal Mines Provident Fund scheme, a daughter married before the death of the employee is not entitled to get the provident Fund dues of her decreased Rather.

(2.) THE petitioner has challenged this decision on two grounds. Firstly, it is stated that the scheme is contrary to the Hindu Succession Act, 1956 which has named the married daughter as a Class I heir. The second submission is that the provision in the scheme excluding the married daughter is violative of Articles 15 and 16 of the Constitution. This application is in fact opposed by the respondent No. 1.

(3.) AS far as the respondent Nos. 2 and 3 are concerned, they say that they have paid all the dues in respect of the deceased employee to the petitioner. This has also been admitted by the petitioner.