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2016 Supreme(Pat) 15

NAVANITI PRASAD SINGH, NILU AGRAWAL
Shiv Shankar Arya – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rakesh Narayan Singh, Advocate
For the Respondent:Mr. Hemant Kumar Kanu, Advocate
For the U.O.I. :Smt. Renuka Sharma, Advocate
For the PNB :Mr. Kumar Priya Ranjan, Advocate

JUDGMENT

(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)

The petitioner is aggrieved by the order of the Central Administrative Tribunal, Patna Bench, Patna dated 26th September, 2012, passed in O.A. No. 614/2011. The matter relates to payment of death-cum-retiral dues in respect of Late Panna Devi, who died in harness on 18.12.2010. The writ petitioner was the applicant before the Tribunal and is the elder son of Late Panna Devi, whereas Respondent No. 11 Chote Lal is the younger son of Late Panna Devi. Besides the two sons, there are two daughters as well, namely, Nalita and Malita. Thus, late Panna Devi had four Class-I heirs as aforesaid. Upon death, the B.S.N.L. was obliged to pay the death-cum-retiral dues. They found from her service book that she had nominated her younger son Chote Lal, Respondent No. 11 as the nominee. When the elder son (the petitioner) came to know, he immediately objected stating that while his mother was critically ill with cancer and he was getting her treated, the younger son fraudulently got the nomination in his name, depriving all the other members of the family, including the minor daughters of Panna Devi. The B.S.N.L. in view of the dispute, s







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