The High Court has observed that the succession law is not applicable to distribution of service benefit or pension of a deceased employee.
The amount payable after the death of an employee shall be distributed only to the family members who are entitled to the same as per the prevailing rules and regulations of service or under the relevant and applicable provision(s) of law.
The High Court bench of Justice Md Badruzzaman made the observation in the full text of a verdict delivered upon hearing a civil revision petition filed by some successors of a deceased government employee.
The HC bench announced its short verdict on November 28 last and the full text has been posted on the Supreme Court website recently.
The HC bench said that under the Pension Scheme of Bangladesh, "Family" of a deceased employee shall include his/her wife/wives or husband, as the case may be, children, and widow(s) and children of deceased son(s).
The mother and the siblings of the deceased employee are not included in the above definition of "Family" of the deceased under the scheme.
However, the HC opined that of course it cannot be disputed that if there are other assets left by the deceased, the successors would get their share as per Mohamedan Law.
In the instant case, the opposite party, wife of the deceased, as included in the family, alone is entitled to receive the entire pension benefits, and the petitioners, mother and the siblings of the deceased, have no right to claim the same.
Mr Md Abdul Khalek died while serving as Sub-Assistant Engineer under the Department of Housing and Works under the Ministry of Public Works.
On his death, his mother, two sisters and one brother filed a succession suit in 2022 with the 3rd Court of Joint District Judge, Dhaka to get pension, gratuity and other benefits amounting to Tk 4.6 million as per Mohamedan Law of Succession.
The opposite party, the deceased's wife, filed a written objection stating that the petitioners were not entitled to any pension benefits or other benefits payable to Mr Khalek in view of the Pension Scheme of the government, and she is entitled to the benefits being the wife of late Mr Khalek.
The Joint District Judge, after hearing the parties, ruled on March 1 in 2022 that the petitioners are not entitled to pension benefits in view of the Pension Scheme and the wife is entitled to the pension benefits.
Being aggrieved by the order, the petitioners preferred to file an appeal before the District Judge, Dhaka, who after hearing the parties dismissed the appeal summarily on September 4 in 2022.
The petitioners challenged the order of the District Judge by filing a civil revision petition with the HC and obtained a rule and order of status-quo. After hearing on the rule, the HC on November 28 discharged it.
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