KUNTI DEVI Vs. DIST EDUCATION OFFICER CHAPRA SARAN

JUDGEMENT

(1.) The petitioner in this writ application prays for issuance of an appropriate writ, order or direction to the respondents to pay the Provident Rind, Group Insurance and gratuity on account of death of Deepak Kumar Pandey, son of the petitioner, who died on 15-5-1996 while in the service of the State Government appointed as orderly Peon on compassionate ground on the death of his father who also died in harness as Headmaster, Daulataganj Middle School, Chapra.

(2.) The admitted facts are that under the Provident Fund Rules, the son of the petitioner nominated the petitioner to receive the full amount or share of accumulation of the provident fund, vide Annexure 2. However, after the nomination was made, the deceased employee Deepak Kumar Pandey got married with respondent No. 5, namely, Kamla Devi. When despite nomination made in favour of the petitioner she was not paid the provident fund as well as the Group Insurance amount, she filed the present writ application seeking the aforementioned reliefs.

(3.) It is not disputed that as per the provisions, contained in Section 5 of the Provident Fund Act and Rule 12 relating to Group Insurance admissible to the Government servant, a nominee of the deceased employee to receive the provident fund amount is entitled to receive the group insurance amount also.