In the absence of nomination or succession certificate, a legal heir must obtain a succession certificate from the competent Court of Law to receive death benefits.

JUDGMENT :

RABINDRANATH SAMANTA, J.

1. This writ petition has been preferred by the petitioner Rupali Sen being aggrieved by the order dated 06.02.2020 passed by the West Bengal Administrative Tribunal (hereinafter be referred to as the Tribunal) in Miscellaneous Application No. 68 of 2019 arising out of O.A. No. 758 of 2018.

2. The petitioner, in the tribunal application, sought for the following reliefs:

“A direction do issue, directing the respondent No. 4 to supply the Xerox copy or duplicate service book of the deceased employee and issue the PPO as well as release the dues salary of the service period as well as death benefits of the deceased employee along with interest at the rate of 10% p.a. from the next date of death to the date of actual payment in terms of the application dated 17.06.2003 and 04.05.2018 and its prayer.”

3. The Learned Tribunal by the impugned order rejected the prayer on the following observations:

“The respondents have brought the service book of the deceased employee and after perusal of the same, it is noted that the name of the applicant is not found as nominee in the service book. Since the name of the applicant is not available in the service book, therefore, the respondents have rightly raised the objection of the identity of the applicant. It is further, noted that the applicant has simply applied before the District Magistrate, Bankura, however, till date no legal heirship certificate has been issued in favour of her. Therefore, identity of the applicant has not been ascertained as a daughter of the said deceased employee. In this background, in our considered opinion the applicant has no locus-standi at present to claim the retrial benefits of the deceased employee as a daughter unless she can prove herself as a daughter of the said deceased employee. Therefore, we do not find any reason to entertain the application. Accordingly, both the M.A. & O.A. are dismissed with the above observation.”

4. Shorn of details, the facts which are necessary for adjudication, may be stated as under:

Santipada De, the father of the petitioner Rupali Sen was an Amin under the office of the respondent No. 4, the District Land and Land Reforms Officer, Bankura and respondent No. 6, the Sub Divisional Land and Land Reforms Officer, Bishnupur, Bankura. From the records and papers as available it is found that the father of the petitioner remained absent for a long time due to his illness and in that regard he submitted medical reports before the concerned authority, but the authority concerned passed no order on such medical reports. Her father, ultimately, died on 28.05.2003 at the age of 52 years. Before the death of her father the petitioner got married with Bipad Taran Sen on 01.05.2000.

After the death of her father, the petitioner made an application on 17.06.2003 before the concerned authority for a job under died-in- harness category, but to no effect. By the same application the petitioner sought for release of the death benefits of her deceased father to her as his sole legal heir. The mother of the petitioner died before the death of her father.

5. Getting no reply to her representation dated 17.06.2003 the petitioner made an another application before the concerned respondent authority on 04.05.2018 seeking the same relief as sought for by her in her representation dated 17.06.2003. But, the concerned authority turned deaf ear to her representations. Before hand, the petitioner made a prayer to the District Magistrate, Bankura, for issuance of legal heir-ship certificate in her favour on demise of her father and she is yet to receive the certificate.

6. Being frustrated with the inaction on the part of the respondent authorities, the petitioner preferred the aforesaid application before the Tribunal.

7. The respondents by affirming affidavit-in-opposition, admit that the father of the petitioner Santipada Dey was an employee (Amin) under the respondent No. 4, District Land and Land Reforms Officer, Bankura an