A.P. Bhattacharya, J. - (1.) This application under Sec. 10 of the Administrative Tribunals Act, 1985 has been filed by Smt. Bina Sengupta against the Union of India, represented by the General Manager, South Eastern Railway.
(2.) The applicant is the married sister of one Smt Nilima Deb, who used to serve as an Assistant Teacher in the Railway Girls' Primary School, Kharagpur under the South Eastern Railway. The said Nilima Deb had a premature death on 16.11.62 while she was in service. She was covered under the Central Government Employees' Group Insurance Scheme, 1980. While opting to come under the said scheme the said Nilima Deb nominated the applicant to receive 100% of the amount to be due under the said scheme. By a Letter, dated 5.1.83 the applicant was directed to attend the (Mice of the Senior Personnel Officer, Kharagpur to receive the amount due as a nominee of the said Nilima Deb under the Group Insurance Scheme. The applicant attended the said Office on the due date but was not paid any amount. On the other hand, she was directed to produce Succession Certificate for calculating: the dues. It is her case that the respondent 'cannot -refule payment of the sum to her and insist on production of a Succession Certificate. In filing the application the applicant has prayed for issuing a direction upon the respondent so that she may be paid the insurance amount of Rs. 20,150 with interest at the rate of 11% per annum.
(3.) The application has been contested by the respondent. It is the case of the respondent ant that in view of the nomination made by Nilima, Deb the applicant cannot get any money due under the Group Insurance Scheme. Under the relevant Group Insurance Scheme a Railway servant having a fame can nominate only a member of his or her family and none else. At the titanic of nomination made by Nilima Deb the applicant was married as such not being a member of her family the nomination was invalid. The respondent further states that, as at the time of making the nomination Nilima Deb had two dependent unmarried sisters, namely, Miss Shanti Sengupta & Miss. Kiharika Sengupth and a nephew, Shri. Ratan Sengupta the applicant could not be a member of her family. So, it is the case of the respondent that as in the matter of payment of such Group Insurance Scheme money some complications arose the applicant was directed to produce a Succession Certificate duly granted by a Court of Law to enable her to reactive the payment.;