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Patna High CourtCWJC/8404/2018disposed

Modarrish Iqbal Khan v. The Union Of India And ORS

2021-01-07Mr. Justice Birendra Kumar2 pages

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 VillageMachchalpur, 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 2/2 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/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.01.2021 Transmission Date