Entitlement to death-cum-retiral benefits and validity of nominations under the Hindu Marriage Act, Payment of Gratuity Act, and Provident Fund Act.

Pramath Patnaik, J.

In the instant writ petition, the petitioner has inter alia prayed for writ in the nature of mandamus, commanding upon the respondents to release all the death-cum-retiral benefits of her husband including family pension.

2. The factual matrix, which has led for filing of the present writ petition, is that, the petitioner got married to one Thakri Uraon as the first wife of the said Thakri Uraon who left her. After marriage petitioner was living with husband and the proof evidencing the relationship of the petitioner with late Thakri Uraon is evident from Annexure-1 series. The husband of the petitioner who was permanent employee of State Bank of India working on the post of Manager, died in harness on 29.05.2015. After death of the husband, the petitioner submitted representations enclosing the death certificate of her husband to the respondent No. 2. Thereafter, the petitioner also approached the respondent for death-cum-retiral benefits including the family pension and the petitioner was asked by the respondent for furnishing details. The name of the petitioner as wife has been mentioned in the P.F. statement as per Annexure-5 to the writ petition. The name of the petitioner has also been mentioned as nominee for Gratuity as evident from Annexure-6 to the writ petition. Due to inaction of the respondent for not releasing the post retiral benefits, the petitioner left with no alternative, approached this Court under Article 226 of the Constitution of India, invoking extraordinary jurisdiction of this Court for redressal of her grievance.

3. Learned counsel for the petitioner has submitted with vehemence that the action of the respondent in not releasing the death-cum-retiral benefit including the family pension notwithstanding the fact that the name of the petitioner appears as nominee, is wholly arbitrary, unjust and unsustainable in the eye of law. Learned counsel for the petitioner further submits that the respondents are supposed to follow the rules, regulations, circular in relation to releasing the death-cum-retiral benefit of the late husband of the petitioner and any deviation thereof would amount to stony silence, indifference and apathy which cannot be countenanced in law.

4. Controverting the averments made in the writ application, counter affidavit has been filed on behalf of the respondent No. 1 and 2, wherein it has been submitted that the petitioner is the second wife of late Thakri Oraon. Late Thakri Oraon has exercised nomination in favour of two sons and one daughter with respect to fund lying in his provident fund account and in favour of the petitioner with respect to the gratuity amount payable. It has been further submitted that a member to the P.F Fund nominates in prescribed form one or more members belonging to his/her family to whom the amount standing at his/her credit in the fund shall be payable in the event of his/her death. The family of a member is wife/wives, husband, children, widow(s) of deceased son of a member, children of a deceased son of a member. As Late Thakri Oraon had exercised valid nomination in favour of two children namely Prakeek Kumar Oraon and Tripti Kumari born with the petitioner along with the child born with respondent No. 3 Smt. Deoki Devi, namely Sanitosh Kumar Oraon, the petitioner was requested to complete documentation on behalf of her children i.e. Prateek Kumar Oran and Tripti Kumari so that amount standing to the credit in the PF Fund minus lien exercised on the fund in favour of the Bank by Late Thakri Oraon could be released in favour of Prateek Kumar Oron and Tripti Kumari, in the proportion specified in the nomination. However, the petitioner did not choose to complete the formalities with respect to the nomination exercised by Late Thakri Oraon in favour of the petitioner. With respect to the gratuity, it has been submitted that the nomination exercised in favour of the petitioner by late Thakri Oraon is in contravention to the stat