Dipali Gantait vs The State Of West Bengal & Ors
2021 Latest Caselaw 4208 Cal

Form J(2)        IN THE HIGH COURT AT CALCUTTA
                    Civil Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                         WPA/24044/2005

                         Dipali Gantait
                            -Versus-
                The State of West Bengal & Ors.

For the Petitioner                   : Mr. Soumik Ganguli, Adv.,
                                      Mr. Sayan Roy, Adv.
                                      Mr. Sourat Nandy, Adv.

For the Respondents       : Mr. Sandip Kumar Bhatacharyya, Adv.

Heard on          : 11.08.2021.

Judgment on       : 11.08.2021

Bibek Chaudhuri, J.

One Biswanath Manna, a Group-D employee in the Office of the

Backward Classes Welfare Office under the State of West Bengal died

leaving behind the petitioner and private respondent No.6 as his legal

heirs and representatives. While the petitioner is the daughter, the

respondent No.6 is the son of the above-named deceased employee.

The instant writ petition is filed by the daughter of the deceased

claiming equal share in respect of the gratuity of the deceased.

Learned Advocate for the petitioner submits that vide memo

No.vii/Misc./EB/D-1086 dated 2nd December, 2004, Provident Fund

amount of the said Biswanath Manna, since deceased was disbursed to

both the petitioner and the respondent No.6 in equal share. However, in

respect of the gratuity, the respondent No.2 failed to make payment in

equal share to the petitioner and respondent No.6.

An affidavit-in-opposition is filed on behalf of the respondent No.2

& 3. It is submitted on behalf of the respondent No.2 & 3 by the learned

Advocate that the respondents do not have any stake over the instant

matter after institution of the writ petition, it was directed by this Court

that the Treasury Officer, Jhargram, Paschim Medinipore would not

disburse the amount of death gratuity until further instruction of the

Accountant General (A & E), West Bengal.

It is further submitted by the learned Advocate for the

respondents with reference to what has been stated in Paragraph 4 of

the affidavit-in-opposition that the Deputy Secretary to the Government

of West Bengal, Finance Department (Pension Branch) forwarded the

pension papers in respect of the above-named deceased on 16 th August,

2004 and it was received in the office of the Accountant General (A & E

), West Bengal on 19th August, 2004. Subsequently the admissibility

report had not been issued on 19 th August, 2004 seeking sanction of

death gratuity in favour of surviving family members as per the

provisions of West Bengal Service (Death-cum-Retirement Benefit )

Rules, 1971, wherein the nomination of the petitioner as a nominee

stood invalidated since she was married.

Therefore, it is submitted by the learned advocate for the

respondent nos. 2 and 3 that if the competent authority in the State

Government passes an order of disbursement of death gratuity in

favour of the petitioner and respondent no. 6 in equal share, the

respondent Nos.2 & 3 shall carry out the said order.

Statutory provision with regard to Hindu Law of Succession is

that after the death of a person who dies intestate, both his son and

daughter are entitled to the property, both movable and immovable in

equal share. Therefore, the petitioner being the married daughter of the

deceased is entitled to half share of the death gratuity on the death of

Biswanath Manna.

In view of the above discussion, the instant writ petition is

disposed of with the following observation that the petitioner and

respondent no. 6 are entitled in equal share the death gratuity of

Biswanath Manna, since deceased.

The previous sanction accorded by the respondent no. 1, the State

of West Bengal is cancelled.

The Principal Secretary, Finance Department is directed to issue

fresh order with regard to disbursement of death gratuity of the said

Biswanath Manna, since deceased in favour of the petitioner and the

respondent no. 6 in equal share and send the order to the respondent

no. 2 for issuance of fresh authority in favour of both the petitioner

and the respondent no.6 in cancellation of the previous authority and

the respondent no. 5 shall disburse the amount in equal share to the

petitioner and private respondent no. 6.

The instant writ petition is, thus, disposed of on contest, however,

without costs.

The entire action shall be completed within three months from the

date.

Parties are directed to act on the server copy of the order.

(Bibek Chaudhuri, J.)