Mother moves HC seeking share in son's terminal dues from Mahavitaran
Bombay High Court's Nagpur bench has sought a response from Mahavitaran and the deceased son's wife over the mother's claim to his service-end benefits.
An elderly mother has approached the Nagpur bench of the Bombay High Court seeking her share of the service-end benefits due after her son's death. She says that when her son got a job on compassionate grounds, he had given a written undertaking to take care of and maintain her. Despite this, the roughly Rs 29.81 lakh in service-end benefits payable after his death were released in full to his wife.
The petitioner's son had been given a job at Mahavitaran on compassionate grounds after the death of her husband. While taking up the job, the son had submitted an affidavit naming his family members and legal heirs, in which he took upon himself the responsibility of caring for and maintaining them. According to the mother, the son was looking after her after getting the job, but he died on 20 June 2022.
The mother has alleged that after her son's death, the service-end benefits of about Rs 29,81,188 due to him were released in the name of his wife, even though she too has a claim to it. She told the court that she has no independent means of livelihood. She said that when her son got the job, he had given a written assurance to take care of her, and so her right and share in the service-end benefits payable after his death should also be considered.
The matter came up for hearing before a bench of Justice Bharati Dangre and Justice Urmila Joshi-Phalke. Taking the matter seriously, the court issued notice to the concerned Executive Engineer of Mahavitaran and to the deceased's wife. The court has asked both to file their response by 6 October.
On the mother's petition, the High Court has sought an explanation from Mahavitaran as to why a portion of the service-end benefits should not be released in the petitioner mother's favour. This question has been raised in the notices sent to both the Executive Engineer and the deceased's wife.
The next hearing in the matter will be held on 6 October. The picture is expected to become clearer in this dispute only after Mahavitaran and the deceased's wife file their responses that day.
