Gangamoni Senapati v. State Of West Bengal And ORS.

05.12.2022 IN THE HIGH COURT AT CALCUTTA DL No. 102 CONSTITUTIONAL WRIT JURISDICTION BM APPELLATE SIDE Court No.21 WPA 21447 of 2022 Gangamoni Senapati Vs.

The State of West Bengal & Ors.

Mr. Bhaskar Chakraborty Mr. Subrata Mukherjee ... for the petitioner Mr. Ayan Banerjee Ms. Debasree Dhamali Ms. Riya Ghosh ... for SBSTC Mr. Manoranjan Jana Ms. Mitali Jana ... for the widow and grandson Mr. Panna Lal Bandyopadhyay ... for the State The petitioner filed this writ petition being the mother of the deceased employee of the South Bengal State Transport Corporation (in short "SBSTC"). Mr. Banerjee, learned counsel appearing for SBSTC submits that a nomination form has been filed during the tenure of his service, by the deceased employee making private respondent no.4/wife of the deceased employee 100% nominee.

The private respondent is also represented in court today and hands over a short affidavit. The report on affidavit filed by the respondent no.2, SBSTC as well as the affidavit filed by the private respondents are retained with the records.

After considering the submissions of the parties and the materials placed on record, this court finds

that the employer/SBSTC has not acted illegally and/or unauthorisedly by disbursing gratuity dues in favour of the private respondent.

There are nomination form in respect of the Provident Fund and gratuity dues whereby the respondent no.4 is declared to be 100% nominee. However, this court finds no nomination in respect of leave encashment benefit payable to the deceased employee.

It is made clear that in the event, dues are payable to the deceased employee on account of leave encashment benefits the same should be paid in proportionate share between the mother/petitioner, the respondent no.4/the wife and respondent no.5/minor son, in the absence of any nomination form.

In the event, the petitioner is entitled to her proportionate share in the estate of her deceased son, her grievance may be agitated before a civil court, or any appropriate forum, if so advised.

With the directions aforesaid WPA 21447 of 2022 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)