RATNAWWA Vs. KARNATAK UNIVERSITY DHARWAD

JUDGEMENT

(1.) THE petitioner and 2nd respondent are the wives of deceased Sid-dappa Rajappa Alwad, who was working as Group-D official in the first respondent. They were issued with an Endorsement as per Annexure-A to produce Succession Certificate from the Civil Court to settle the monetary benefits of the deceased employee. Accordingly, the petitioner, 2nd respondent and their children filed P and S. C. No. 2 of 1990 in the principal Civil Judge and C. J. M. Court, Dharwad. The petitioner got examined in that case as P. W. 2. She has stated that she has no objection to issue the Succession Certificate in the name of the 2nd respondent herein alone. Accordingly, by an order dated 23-6-1990 Succession certificate was issued in favour of 2nd respondent alone to receive the service benefits of the deceased employee as per Annexure-B. On that basis the 2nd respondent claimed service benefits of her husband.

(2.) THE petitioner also claimed the service benefits of her husband. The same was rejected as per Annexure-J, dated 20-7-1992. The petitioner has sought for quashing of the said communication and for a writ of mandamus directing the first respondent to grant the family pension equally sharing along with the 2nd respondent.

(3.) THE writ petition is misconceived. The petitioner having given her consent to grant the Succession Certificate in favour of the 2nd respondent alone, should not have claimed family pension before the first respondent. In the light of the Succession Certificate issued in favour of the 2nd respondent, the first respondent rightly rejected the claim of the petitioner under Annexure-J. Since the rights of the petitioner and 2nd respondent have been determined in the Civil Court as per Annexure-B, this Court shall not quash the impugned endorsement at Annexure-J. Petitioner has not challenged the Succession Certificate issued in favour of the 2nd respondent and that has become final. Hence, petitioner has no right to seek any service benefits of her deceased husband. In view of the Succession Certificate issued in favour of the 2nd respondent, petitioner is not entitled to any reliefs in this writ petition.