ABHUJIT HALDAR Vs. STATE OF JHARKH

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for direction upon the respondents to make payment of entire death-cum-retiral benefits of his deceased sister and further for direction upon the respondents to grant compassionate appointment to the petitioner.

(2.) Learned counsel for the petitioner submitted that deceased sister of the petitioner during her service period executed a nomination Form "Kh" in which she has categorically mentioned that in case of her death, her brother-the present petitioner, shall be entitled to receive death-cum-retiral benefits, which is approved by the competent authorities. It has further been submitted that it is settled principles of law that a person, who is nominated by a deceased-employee is fully entitled to receive the death-cum-retiral benefits. However when the benefits of death-cum-retiral benefits was not extended to the petitioner, due to lack of knowledge, he instead of approaching this Court, moved before Court below for obtaining Succession Certificate. It has been submitted that it is pertinent to mention here that in the proceeding of Succession Case, the husband of deceased-employee appeared and filed a written consent that the petitioner is entitled to get full benefit of death-cum-retiral amount. It has further been submitted that deceased-employee was issue-less and now her husband has also died, hence, in the fact situation, otherwise also, petitioner is the only claimant.

(3.) After some argument, learned counsel for the petitioner, in all fairness, submitted that case of the petitioner is squarely covered by the decision rendered by this Court in W.P. (S) No. 6142 of 2013 dated 02.07.2015, which has been affirmed in L.P.A No. 462 of 2015 dated 02.05.2016.