BISHWANATH MITRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) LATE Usha Saha joined a middle school at Asstt. Teacher in 1987. In the same year, she became member of the General Provident Fund and submitted nomination paper nominating both the petitioners to receive the amount that may stand to her credit in the event of her death. At the time when she joined service and made the nomination, she was unmarried. She married Samar Kumar Sharma (respondent No. 7) in 1988. She, however, died in 1989. The petitioners thereafter made an application before the respondent No. 3, the District Superintendent of Education, Giridih, seeking payment of the amount of General Provident Fund and Group Insurance standing to the credit of the deceased, Usha Sinha. The said respondent required the petitioners to submit succession certificate. The petitioners having failed to produce such a certificate, the payment was denied to them. Hence, this writ petition seeking writ of mandamus directing the respondent No. 3 to pay to the petitioners the amount of G.P.F. and the group insurance belonging to late Usha Sinha.

(2.) THE respondent No. 3 has filed counter -affidavit but no counter -affidavit has been filed by any other respondents although all of them have been served.

(3.) THE submission of the learned Counsel for the petitioners is that the petitioners by virtue of being the nominees of late Usha Saha are entitled to receive the amount standing to her credit in the form of G.P.F. and the Group Insurance and it is not open to the respondent No. 3 to deny the payment of the same to them.