SBCWP No.327/2002. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.327/2002. Rakesh Kumar Vs. Chairman & Managing Director JVVNL Jaipur & Ors. Date of order : December 1, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri B.K. Sharma for the petitioner. Shri Hemant Kumar Sharma for the respondents. **** BY THE COURT :- This writ petition has been filed by Rakesh Kumar (minor) through his legal guardian grand-mother Smt.Kalawati with a prayer that the respondents be directed to pay amount of General Provident Fund of his father late Shri Manak Chand. 2) It is contended that while Shri Manak Chand was serving the respondents, he died while in service on 1/1/2000. At the time of death of late Shri Manak Chand, petitioner was aged 7 years old. Shri Manak Chand at the relevant time was posted as CCA-III at Maniya under the Assistant Engineer Jaipur Vidyut Vitaran Nigam Limited, Dholpur. Petitioner was taken SBCWP No.327/2002. 2 in adoption by late Shri Manak Chand vide adoption deed dated 11/6/1997 which was duly registered. Petitioner claimed payment of terminal dues after death of his father late Shri Manak Chand through his legal guardian, grand-mother Smt.Kalawati. Respondents required the petitioner to obtain guardianship certificate from the competent court. Grand-mother of the petitioner applied and was granted the guardianship certificate pursuant to the order dated 6/1/2001 passed by the District Court, Dholpur. Certified copy of the same is placed on record. 3) Shri B.K. Sharma, learned counsel for the petitioner argued that it is the grand-mother who is pursuing the claim of the petitioner. Petitioner at the time of death of his father was 7 years of age and now he is 13 years. Respondents have this time illegally insisted the petitioner to produce succession certificate thereby delaying the payment of GPF amount. 4) Shri Hemant Kumar Sharma, learned counsel for the respondents opposed the writ petition and submitted that delay in making the payment of gratuity occurred due to the fact that petitioner did not timely produce the guardianship certificate. Petitioner has been granted pension which is being paid to him regularly. Petitioner however is required SBCWP No.327/2002. 3 to submit succession certificate in so far as paymenty of GPF is concerned because earlier then adoption of the petitioner, deceased had nominated his elder brother as his nominee which though was disallowed by the respondents but thereafter he did not make any nomination. Learned counsel submitted that in the absence of nomination, only way to claim payment of GPF is through succession certificate. 5) Learned counsel for the petitioner has rejoined and submitted that according to clause 45 of the Employees Provident Fund Regulations, 1988, in case where there has been no nominee and person claiming payment is minor, such payment shall be made only through the legal guardian appointed under the law. In the present case, this was so insisted by the respondents therefore petitioner approached the learned District Judge Dholpur and obtained guardianship certificate. 6) Facts aforesaid clearly show that respondents have paid payment of gratuity of Rs.1,64,684/- to the petitioner inasmuch as, they have been regularly paying to the petitioner pension @Rs.328/- per month which may have undergone increase in the meantime. All such payments were made in recognition of the fact that petitioner was treated as son though adopted, of late Shri Manak Chand who was serving with the respondents. All these payments SBCWP No.327/2002. 4 are being made through mother of late Shri Manak Chand, who is grand-mother of the petitioner and has been appointed as legal guardian under the orders passed by the competent court of District Judge Dholpur on 6/1/2001. 7) In view of these facts, action of the respondents in withholding payment of amount of General Provident Fund cannot be held to be justified. 8) In the result, the writ petition is allowed. Respondents are directed to pay to the petitioner withheld amount of GPF together with interest @6% p.a. till its actual payment is made to the petitioner. Compliance of the judgment shall be made within a period of three months from the date, copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil