BASUDEO PRASAD Vs. STATE OF BIHAR : EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioner, being the father of the deceased employee of the State Government, has filed the present writ petition challenging the stand of the respondents contained in letter bearing memo no. 704 dated 9.11.2009 (Annexure-1) whereby the Respondent-Executive Engineer, Construction Division No.1, Department of Building Construction, Patna, directed the petitioner as well as respondent no.5 to obtain appropriate declaration/succession certificate from the court of competent jurisdiction enabling the respondents to pay the GPF accumulation of the deceased employee. Petitioner has also prayed for a direction on the respondents to pay the aforesaid dues in his favour on the strength of nomination made in his favour by the deceased employee.

(2.) Relevant facts giving rise to the present writ petition are as under:-

(3.) Mr. Barnwal, learned counsel for the petitioner submits that petitioner, being the father of the deceased employee, was nominated by him to receive the amount/accumulation under the head GPF of the deceased employee in terms of Rule 8(3) of the GPF Rules and the same having not been cancelled and the employee having not nominated respondent no.5 as nominee to receive the said amount, he is entitled to receive the same, although as a trustee on behalf of the legal claimant(s). The respondents were, thus, not justified in directing him to obtain appropriate declaration in respect of his claim/share in the amount or a succession certificate in respect thereof.