Modarrish Iqbal Khan vs The Union Of India And Ors
2021 Latest Caselaw 82 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8404 of 2018
     ======================================================

Modarrish Iqbal Khan son of Late Muzaffar Iqbal Khan resident of Village - Machahalpur Lai, P.S. Bihta, District Patna.

... ... Petitioner/s Versus

1. The Union Of India through the Seamen's Provident Fund Commissioner, (Under Ministry of Shipping) "Krupanidhi" 3rd Floor, 9 Walchand Hiracand Marg, Ballard Estate, Mumbai-400001.

2. The Seamen's Provident Fund Commissioner (Under Ministry of Shipping) "Krupanidhi" 3rd Floor, 9 Hiracand Marg, Ballard Estate, Mumbai-400001.

3. The Administrative/Accounts Officer, Seamen's Provident Fund Organization,Mumbai (Under Ministry of Shipping) "Krupanidhi" 3rd Floor, 9 Hiracand Marg, Ballard Estate, Mumbai-400001.

4. The Assistant Administrative/Accounts Officer Seamen's Provident Fund Organization, Mumbai (Under Ministry of Shipping) "Krupanidhi" 3rd Floor, 9 Hiracand Marg, Ballard Estate, Mumbai-400001.

5. Smt. Nasrin Bano W/o late Muzaffar Iqbal Khan Resident of Village-

Machchalpur, Lai P.S. Bihta, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Md. Jubair Ansari,Adv For the Respondent Nos.1 to 4: Mr.Rajesh Kumar Verma, Asst. S.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-01-2021 Heard the parties.

2. Petitioner has brought this writ application for

issuance of a command against the respondents to ensure equal

distribution of death-cum-retiral benefit in the matter of father of

the petitioner, Late Muzaffar Iqbal Khan who died on 27.04.2006

while posted as Seaferer Motorman in the Department of

Merchant Navy. The equal distribution has been sought for

amongst three sons of the deceased from his second wife Sanjeeda Patna High Court CWJC No.8404 of 2018 dt.07-01-2021

Khatoon. They further sought for an order of restrain against

respondents from releasing the death-cum-retiral benefit in favour

of Nasrin Bano, the first wife of the deceased.

3. Respondent Nos.1 to 4 in their counter affidavit

specifically stated that the amount is payable in favour of the

nominee, namely, Nasrin Bano, respondent No.5 as per Seamen's

Provident Fund Act and Scheme, 1966.

4. They further stated that name of respondent No.5 is

mentioned in the declaration submitted by Late Muzaffar Iqbal

Khan as his nominee.

5. The Department would pay to the nominee of the

deceased as per their Rules and Schemes and the petitioner would

be at liberty to raise his grievance before the appropriate forum if

permissible under the law.

6. The Writ Court cannot go into disputed question of

fact.

7. Accordingly, this writ application stands disposed

off.

(Birendra Kumar, J) Nitesh/-

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Uploading Date          08.01.2021
Transmission Date