Calcutta High Court (Appellete Side)
Smt. Anita Das vs Union Of India & Ors on 8 August, 2023
11.
08.8.2023
S.D.
W.P.A. 15155 of 2023
Smt. Anita Das
Vs.
Union of India & Ors.
Mr. Sambhunath De
..For the Petitioner
Mr. Ayan Poddar
Mr. Kamran Alam
...For the Respondent Nos. 2,5,6 & 7, 9 & 10
Mr. Satyendra Agrawal
Mr. Bijoy Bag
By an order passed by a Coordinate Bench of this
Hon'ble Court on June 13, 2022 in W.P.A. 10152 of 2017, the
Hon'ble Coordinate Bench directed the Director, Airport
Authorities of India (AAI) to take a decision with regard to the
entitlement of the petitioner to receive the proportionate
benefits in view of the death of her husband, in accordance
with the extant Rules of AAI. In the event, the petitioner was
found to be entitled to receive the proportionate share of the
terminal benefits of her husband, the Director was required to
pass necessary order ensuring the release of such
proportionate amount in faovur of the petitioner.
Pursuant to such order, the case of the petitioner was
considered by the AAI. Such order is impugned in the present
writ petition. It appears from the said impugned order that
the ex-employee of AAI died on August 11, 2014. He had
initially submitted a Nomination Form on April 29, 2005
nominating his father, mother, wife, two sons and two sisters
to be eligible for his terminal benefits.
Subsequently, a revised Nomination Form was filed on
August 5, 2008. As per the revised Nomination Form, the ex-
employee's mother and two sons were eligible to receive such
terminal benefits. The petitioner's mother-in-law died on
December 2, 2015.
The Board decided that the terminal benefits in
accordance with the Nomination Form on August 5, 2008 were
disbursed to the two sons and the mother of the deceased
employee. However, the accumulated sum of Rs.14,16,518/- in
the contributory provident fund standing to the credit of the
deceased husband of the petitioner has not yet been released.
The Board directed that till such time an order/judgment of a
competent Court adjudicating the rights and entitlement of the
disputed claim is passed, in respect of CPF accumulation, such
sum will not be released by the AAI.
Considering the submissions of the parties and the
materials placed on record and keeping in mind the directions
passed by the Coordinate Bench on June 13, 2022, this Court is
of the view that the directions of the Coordinate Bench have
not been complied with by the AAI. The AAI was clearly
directed to consider the entitlement of the petitioner to the
terminal benefits of her ex-husband. The AAI was directed to
consider whether the petitioner's marriage with her husband
was subsisting on the date of death of her husband.
Instead of calling for the necessary documents and
records for adjudicating the entitlement of the petitioner's
claim as an heir of her deceased husband, the AAI sought to
shrug off its responsibility by coming to the finding that the
disputed claim of CPF accumulation shall not be disbursed till
such time, a competent Court adjudicates the rights of the
petitioner and her two sons.
This Court directs the respondent no. 6/the General
Manager (HR) to file a Report on Affidavit giving the reasons
why the directions of the Coordinate Bench dated June 13,
2022 have not been complied with. The Board will take a
decision in terms of the directions passed by the Coordinate
Bench upon giving a personal hearing to the petitioner and
her two sons. Such decision shall also be brought on record in
the said Report on Affidavit.
Let such Report on Affidavit be filed by September 8,
2023.
Exception, if any, be filed by September 15, 2023.
Let the matter appear for further consideration under
the same heading "Motion" on September 18, 2023.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
(Lapita Banerji, J.)
