Nishita Mhatre, J.

1. The issue which arises in the present petition is whether a person who is not a member of the family of a deceased employee of the State of West Bengal as defined under the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 [hereinafter referred to as ‘D.C.R.B. Rules’] is entitled to the death-cum-retirement benefits due under these Rules. Would the mere fact that a person who is a relative of the employee and has obtained the succession certificate entitle him to such benefits although he is not a part of the family of the deceased employee under the aforesaid Rules?

2. The facts which give rise to this petition are as follows:

One Ramesh Chandra Ghosh was working as a Work Assistant in the office of the Public Health Engineering Directorate, Kalyani, Government of West Bengal. He died on 13th August, 2006 prior to reaching the age of superannuation. He was unmarried and had nominated his nephews to receive the benefits under the D.C.R.B. Rules.

3. On the death of Ramesh Chandra Ghosh, his brother, the petitioner, obtained a succession certificate from the competent Court. Ramesh Chandra had three sisters and the petitioner was his only b