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2015 DIGILAW 738 (JHR)

Seema Tiwari v. State of Jharkhand

2015-07-02

PRAMATH PATNAIK

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JUDGMENT : Per Pramath Patnaik, J.: In the accompanied writ application, the petitioner has inter alia, prayed for issuance of writ of mandamus directing upon the respondents to release the entire death-cum-pensionary benefit along with Group-Insurance, Provident Fund and Leave Encashment amount as well as due arrears of salary by setting aside Annexure 5, by which, the respondent-authority has given direction to the petitioner to bring Succession Certificate from competent Court. 2. Sans details, facts emanating from the writ petition, in a nutshell is that in the year 1998 the marriage was solemnized between petitioner with the deceased-employee, Ram Babu Tiwari, after the death of his first wife. It has been stated that from the wedlock of first wife there are two sons and one unmarried daughter. It has further been stated that during service period of the deceased-employee, on 16.10.2004 (Annexure 1), the deceased-employee executed a nomination paper in favour of petitioner authorizing the petitioner to get retiral benefits in case of death of her husband. It has been submitted after death of her husband, the petitioner submitted an application dated 24.08.2012 before respondent no. 6 for death-cum-retiral benefit, but, the petitioner was informed that another claimant-Rupa Kumari, daughter of deceased-Ram Babu Tiwary has also claimed death-cum-retiral benefit and hence, a succession certificate was asked to be produced by the petitioner to settle the dispute vide letter dated 28.02.2012 (Annexure 5). Hence, the writ petitioner has approached this Court, invoking Article 226 of the Constitution of India, for redressal of her grievances. 3. Per contra, counter affidavit has been filed on behalf of respondent nos. 2 and 5 stating therein that the petitioner submitted an application dated 24.08.2012 to the Headmaster, High School Koridih for payment of death-cum-retiral benefit on 27.08.2012 and one Rupa Kumari has also submitted application dated 24.06.2014 to Headmaster, High School Koridih for payment of death-cum-retiral benefit on 27.08.2012. It has further been stated that the Headmaster of the said school forwarded both the applications to District Education Officer vide Memo No. 46/12 dated 27.08.2012 (Annexure-A to the counter affidavit). It is stated that in the light of letter of Headmaster, a direction was issued by District Education Officer to produce genuine succession certificate from competent Court of law vide its letter no. 686 dated 27.08.2012 (Anneuxre B). It is stated that in the light of letter of Headmaster, a direction was issued by District Education Officer to produce genuine succession certificate from competent Court of law vide its letter no. 686 dated 27.08.2012 (Anneuxre B). Furthermore, a Suit being Title (P) Suit No. 12 of 2013 (Annexure C) is also pending before the Court of Sub-Judge VII between the applicants i.e. Rupa Kumari & Ors Vs. Seemama Tiwari. It has further been submitted that death-cum-retiral benefit of the deceased employee can be drawn and distributed only after submission of succession certificate. 4. Counter affidavit has also been filed on behalf of respondent no. 4-the Accountant General, wherein it has been stated that pension papers, Service Book and sanction order in favour of petitioner has not been received in the office of respondent no. 4-the Accountant General, however, immediately on receipt of the departmental sanction and decision from the competent authority with regard to claim of the petitioner and after scrutiny of the pension papers, the retirement benefits will be authorized. 5. During pendency of the writ application, one supplementary affidavit has been filed on behalf of petitioner stating therein that there are five members in the family of deceased-employee; (1) Seema Tiwary (widow) (2) Richa Bharti, daughter aged about 14 years (Minor) (3).Debbrat Suman, Son aged about 28 years. (4)Rupa Kumari, daughter aged about 25 years (major) but not married and (5). Vidya Sagar, son aged about 18 years (Major). It has been submitted that so far as family pension is concerned, only widow (present petitioner) is entitled to get the family pension. It is submitted that where an officer is survived by more than one widow, the pension will be paid to them in equal share as per part -VII of the Family pension Scheme for State Government employee, 1964. However on the death of widow her share of the pension will become payable to her eligible minor child. Learned counsel for the petitioner submitted that except widow (present petitioner) and one minor child, no one including respondent no. 7-Rupa Kumari is entitled to get pension. However, other retiral benefits may be divided into two equal share between the children of first wife and children of second wife. 6. Heard Mr. Hardeo Prasad Singh, learned counsel for the petitioner, Mr. Suresh Kumar, J.C to G.P III for the respondents-State, Mr. 7-Rupa Kumari is entitled to get pension. However, other retiral benefits may be divided into two equal share between the children of first wife and children of second wife. 6. Heard Mr. Hardeo Prasad Singh, learned counsel for the petitioner, Mr. Suresh Kumar, J.C to G.P III for the respondents-State, Mr. S. Srivastava, learned counsel appearing for the Accountant General and Mr. S.L. Agarwal, learned counsel appearing for the respondent no. 7. 7. Having gone through the records and considering the rivalized submissions of the respective counsels, the writ petition is disposed of, without delving into the inter-se financial disputes, with a direction to the claimant(s) to file affidavit(s) with necessary documents before the competent authority within a period of four weeks and on receipt of such claim (s), the respondents-authorities shall consider the case of the petitioner as well as other claimant(s) keeping in view the relevant provisions of Family Pension and decision thereupon be taken within a period of four weeks thereafter. 8. With the aforesaid directions, this writ petition is disposed of. Petition disposed of.