D.G.R.PATNAIK, J. - (1.) PETITIONER in this writ application has prayed for a direction commanding upon the respondents to pay to the petitioner the retiral benefits including gratuity, pension and C.M.P.F. benefits together with interest calculated @ 12% per annum from the date when the amount became payable.
(2.) THE petitioner's case is that his mother Late Pairo Kamin was employed under the respondent C.C.L. and she had died on 19.12.2002. Upon her death, the petitioner had submitted the death certificate of deceased employee along with his application claiming payment of the retiral benefits on the ground that he happens to be the son and legal heir and successor to the estate of the deceased employee. Learned Counsel for the petitioner would submit that pursuant to the petitioner's claim, the respondent had released the amount of gratuity in favour of the petitioner which the petitioner has received. But apart from the amount of gratuity, the petitioner has not received any further payment on any other head either in the head of the provident fund account or pension account or in group insurance account of the deceased employee. A counter -affidavit has been filed on behalf of the respondent C.C.L. stating therein that the payment could not be made to the petitioner on account of genuine and legitimate confusion created on the basis of the entries in the service records of the deceased employee. Learned Counsel for the respondent C.C.L. explains that in the service records of the deceased employee, there are four different names of the husband of the petitioner's mother. Inspite of the directions to the petitioner to clarify the situation as to whether apart from him, there is any other heir and claimant to the retiral benefits of the deceased employee, the petitioner has not come with any clarification up till now.
(3.) LEARNED Counsel for the respondent C.M.P.F. would submit that the respondent C.M.P.F. has also sought for further information clarifying the stand regarding the exclusive claim of the petitioner to the retiral benefits of the deceased and also as to whether there is any other claimant claiming himself as the husband of the deceased employee and since no information has been received as yet, the amount of provident fund in the provident fund account of the deceased could not be released as yet.;