The death-cum-retirement benefit of the deceased was not considered an estate governed by the Mohammedan Personal Law, but rather subject to the statutory provisions of the Central Reserve Police Force Act, 1949, Central Reserve Police Force Rules, 1955, and the CCS Pension Rules, 1972.

JUDGMENT :

C.R. Dash, J. - Samser Khan (petitioner no.1) and Mamtaz Begum (petitioner no.2) are father and mother respectively of late Wasim Hossain Khan. Opposite party nos.5 to 8, who are brought on record through intervention, are the brothers and sister of aforesaid late Wasim Hossain Khan. Ruksana Khatoon (opposite party no.4) is the widow of late Wasim Hossain Khan. The petitioners, who are parents of late Wasim Hossain Khan, have filed this writ petition for payment of legitimate dues from the retirement-cum-death benefits of their deceased son in favour of them.

2. Wasim Hossain Khan was working as a Constable/GD under the Commandant, 202 BN, COBRA CRPF, Sunabeda, district Koraput in the State of Odisha. On 07.07.2012, his marriage was solemnised with Ruksana Khatoon-O.P. No.4 as per the Muslim Rites and Customs. On 30.11.2012, Wasim Hossain Khan expired at the age of 25 years. After his death, a sum of Rs. 10,000/- (Rupees ten thousand) in cash was immediately given to his widow (O.P. No.4) as financial assistance from the Unit Welfare Fund. After performance of the funeral rites, O.P. No.4 went to her parents' house and it is alleged that she terminated her pregnancy with intention to remarry severing all her contact/relationship with her in-laws. A further sum of Rs. 30,000/- (Rupees thirty thousand) was paid to the O.P. No.4, (widow of Wasim Hussain Khan) and she is also getting monthly family pension by interim order of this Court. As the O.P. No.4-widow of Wasim Hussan Khan is trying to take away all the service benefits of the deceased son of the petitioners including unpaid salary, gratuity, GIS, Risk Fund etc., which is asserted to be the estate of the deceased thereby debarring the petitioners and other legal heirs of the deceased, though she (O.P. No.4) has limited interest over the same, the present writ application has been filed.

3. In course of hearing, the petitioners have conceded that Ruksana Khatoon (O.P. No.4) being the widow of the deceased Wasim Hossain Khan, is entitled for the monthly family pension as per the Pension Rules either till her remarriage or till her death, whichever is earlier.

4. Learned counsel for the petitioner does not dispute the aforesaid legal position, which entitles O.P. No.4 to family pension under the relevant Rules. But so far as the death-cum-retirement benefits including gratuity, risk fund, unpaid salary etc. is concerned, it is claimed by the petitioners that the same being the estate of the deceased Wasim Hossain Khan, the same is to devolve on the legal heirs according to the principle of Succession/inheritance in accordance with the Mohammedan Law. To substantiate his contention, learned counsel for the petitioners relies on the principles of Mohammedan Law and some legal propositions propounded by different High Courts, which shall be discussed at the appropriate stage.

5. Learned counsel for the O.P. No.4, on the other hand, submits that the pension including death-cum-retirement benefits being a statutory benefit under the relevant Service Rules and Pension Rules, the Mohammedan Personal Law is not applicable to the present case, and according to the relevant Rules, neither the petitioners nor the Opp. Parties 5 to 8 are to be treated as family members of deceased Wasim Hossain Khan. It is further submitted that petitioner No.1, father of the deceased Wasim Hossain Khan being himself a retired employee and he having been in receipt of pension, is not entitled to further benefits admissible to his deceased son. Learned counsel for the O.P. No.4 relies on different provisions of the Constitution of India and a host of decisions to substantiate his contention, which shall be discussed at the appropriate stage.

6. From the submissions advanced by learned counsel for the parties, the following questions emerge for consideration in the present case.

(i) Whether the death-cum-retirement benefits of deceased Wasim Hossain Khan excluding the family pension is an estate of the