Disposed

Aruna Devi v. Union of India through Regional Director Employees Provident Fund Organization

Jharkhand HC11 Sept 2024WPC/4640/2023

Case brief

AI extract

What is this about?

The petitioner, claiming to be the second wife of a deceased employee, sought family pension and provident fund. The court held that its writ jurisdiction cannot decide the legal marriage status. The petitioner was directed to seek a succession certificate from the appropriate forum.

What did the court decide?

Writ application disposed of; petitioner advised to approach appropriate forum for issuance of succession certificate.

Aruna Devi Vs Union of India through… — Pension and Retirement Benefits | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S) No. 4640 of 2023

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Aruna Devi, W/o Late Ashok Kumar, resident of Geeta Bhawan, Beed Banglow, Tatisilwai, P.O and P.S Tatisilwai, District Ranchi at present resident of Arjun Bhawan, Ward No. 6, Naughasia, P.O and P.S Naughasia, District Bhagalpur, Bihar ----Petitioner (s)

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Versus

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Union of India through Regional Director, Employees Provident Fund Organization, Bhagirathi Complex, Karamtoli Road, P.O and P.S. Lalpur, District Ranchi

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Usha Martin Limited through its Vice President – Manufacturing, office at Tatisilwai, P.O & P.S Tatisilwai, District Ranchi

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Sr. Manager, Usha Martin Limited, office at Tatisilwai, P.O & P.S Tatisilwai, District Ranchi

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Employees Provident Fund Organisation, Regional Office, Ranchi, Bhavishya Nidhi Bhawan, Hinoo, P.O & P.S. Doranda, Dist. Ranchi

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----Respondent (s)

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--CORAM: Hon’ble Mr. Justice Ambuj Nath

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For the Petitioner (s): Mr. Binod Kr. Jha, Advocate For the Resp.-EPFO: Mr. Shubhashis Rasik Soren, Advocate

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05 / 11.09.2024 Petitioner Aruna Devi has filed this writ application for directing the Respondent No. 2 - Usha Martin Limited, Tatisilwai, Ranchi and the Respondent No. 3 - Sr. Manager, Usha Martin Limited, Tatisilwai, Ranchi to take necessary steps for releasing the employees provident fund amount of her deceased husband with 10% interest per annum in her favour and pay family pension to her as her husband died on 21.04.2021 while in harness.

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It is admitted case of the parties that the petitioner was the second wife of Ashok Kumar, who worked under the Respondent No. 2 – Usha Martin Limited and he died on 21.04.2021 while in harness.

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Learned counsel appearing on behalf of the Respondents submitted that the petitioner is not the legally wedded wife of the deceased Ashok Kumar. It was further submitted that her name does not appear as the nominee in the service records of the deceased Ashok Kumar. It was further submitted that Ashok Kumar died during the Covid period and the petitioner had approached the Management of the Company for financial help which was extended to her, but that will not create a right for the petitioner to claim family pension and other service benefits of her deceased husband. It was finally submitted that if the petitioner produces succession certificate stating that she was entitled for family pension and other service benefits of late Ashok Kumar as being his wife, the Respondent No. 3 – Sr. Manager, Usha Martin Limited, Tatisilwai,

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Ranchi shall consider her claim for grant of family pension and other service benefits of her deceased husband, as per law.

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Mr. Binod Kumar Jha, learned counsel appearing on behalf of the petitioner, submitted that the marriage of the petitioner was solemnized with Ashok Kumar after death of his first wife. However, no averment to this effect has been made in the writ petition.

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The fact, whether the petitioner was the legally wedded wife of late Ashok Kumar, cannot be decided in the writ jurisdiction of this court. It will be proper for the petitioner to approach the appropriate forum for issuance of succession certificate, so that the Respondent No. 3 - Sr. Manager, Usha Martin Limited, Tatisilwai, Ranchi may take decision for granting her family pension and extending her other service benefits of her deceased husband.

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In view of the aforesaid facts, petitioner, if so advised, may take remedial measures before the appropriate forum for issuance of succession certificate.

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With the aforesaid observation, this writ application is disposed of. Pending I.A., if any, also stands disposed of.

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(Ambuj Nath, J)

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Aruna Devi v. Union of India through Regional Director Employees Provident Fund Organization

Case brief

What is this about?

What did the court decide?

Aruna Devi v. Union of India through Regional Director Employees Provident Fund Organization

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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