Succession law not applicable for distributing pension of a deceased: HC

Gulam Rabbani :
In the full text of a verdict, the High Court has observed that succession law is not applicable for distributing service benefit or pension of a deceased employee.

The amount thereof payable after the death of the employee shall be distributed only to those members of his family who are entitled for the same as per the prevailing rules and regulations of service or under the relevant and applicable provision(s) of law, the HC also observed.

The High Court Bench of Justice Md Badruzzaman passed the observation in the full text of the 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 this year, while the full text has been released on the Supreme Court website recently.

The HC bench said under 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 others 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.

Md Abdul Khalek was serving as Sub-Assistant Engineer under the Department of Housing and Works under the Ministry of Public Works and he died while he was in service.

After his death, his mother, two sisters and one brother in 2022 filed a succession suit with the 3rd Court of Joint District Judge, Dhaka to get pension, gratuity and other benefits amounting Tk 4.6 million as per Mahomedan Law of Succession.

Opposite party, deceased’s wife, filed a written objection stating that the petitioners were not entitled to any pension benefits or other benefit payable to Abdul Khalek in view of the Pension Scheme of the Government, and she is entitled to the benefits being the wife of late Abdul Khalek.

Joint District Judge, after hearing the parties, on March 1 in 2022 ruled 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 said order the petitioners preferred to file appeal before the District Judge, Dhaka, who after hearing the parties dismissed the appeal summarily on September 4 in 2022.

Then 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.