S. LALITHAMBIKA Vs. STATE

JUDGEMENT

(1.) Can Family Pension be included in the Succession Certificate granted to the legal heirs of the deceased employee

(2.) The petitioners are the widow and children of one Mr.Reghunathan who was employed as a first grade surveyor in the Directorate of Survey and Land Records. The employee retired from service on superannuation and was drawing monthly pension from the State during the rest of his life. But the Death-Cum-Retirement Gratuity and Commuted Value of Pension had not been disbursed to the employee till his death. The petitioners therefore applied for a Succession Certificate in OP (Succ) No.6/2012 on the file of the Court of the Munsiff of Kayamkulam. The court below did grant a Succession Certificate authorising the widow to receive the Death-Cum-Retirement Gratuity and Commuted Value of Pension.

(3.) The petitioners thereafter filed I.A.No.2346/2013 in OP (Succ) No.6/2012 to include also the Family Pension and other benefits. The said application purporting to amend the Succession Certificate was however dismissed by the court below by the order impugned. The petitioners contend that all the rights including Family Pension have been inherited by them only. The petitioners add that there was no justification in not including Family Pension in the Succession Certificate therefore.