JYOTI BAI NAGESH Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard.

(2.) It is submitted that on 12-3-2002 a cheque of Bank of Maharashtra has been issued for an amount of Rs. 1,03,609.00. The petitioners have to open an account in the Bank; however there shall be no difficulty in opening the account, the Bank will co-operate. Counsel for the petitioner submits that amount is still outstanding and full amount has not been paid. The affidavit has not been filed. Copy of the receipt is shown to the Court. It be filed with list of documents and copy be supplied to the Counsel for the petitioner and State.

(3.) The position, which emerges, is that Radha Bai who was working as Sweeper in the Municipal Corporation, Durg died on 20-10-2000, leaving behind her daughter Jyoti Bai and son Lakshman. Lakshman, however died leaving behind widow Rajni Bai. The petitioners were directed to apply for succession certificate. The succession certificate was granted on 3-10-2001 and thereafter request was made to release the dues of Radha Bai. Learned Counsel for the petitioners submits that the Corporation should not have had any difficulty in making payment of dues of the deceased to the petitioners after issuance of succession certificate in their favour, but the Corporation filed an appeal before this Court which was dismissed as not maintainable on 16-1-2002 then it was preferred before the District Judge who also dismissed the appeal. In spite of dismissal of the appeal the amount was not paid.