SUPTD , POST OFFICE Vs. SUGAN CHAND JOSHI

JUDGEMENT

(1.) HEARD .

(2.) RELYING heavily upon Rules 87 and 139 of the Post Office Savings Bank Mannual Vol. I issued under the Authority of Director General of Post, India and Secretary to the Government of India, Deptt. of Post, Ministry of Communication, the learned Counsel submitted that interest on the amount, payable to the respondent on account of the Time Deposit Account of the deceased, was payable as per Rule 139 only. It was further submitted that since the appellant was not a party before the District Judge concerned in the matter of issue of succession certificate, such order/judgment was not binding upon the appellant. It was further submitted that had the appellant been made a party by the respondent to the petition/application filed before the District Judge, the appellant could have brought the correct position of rules of the department to the notice and knowledge of the District Judge. It was further submitted that the Forum should not have awarded the amount in terms of the order of the District Judge and further should not have also awarded interest to the respondent in contravention of Rule 139 of the mannual.

(3.) ON the other hand the respondent, who argued his case himself, submitted that the appellant was very much a party to the succession proceedings before the District Judge. It was further submitted that the order of the District Judge in the matter of grant of succession certificate to the respondent, was binding upon the Forum and, therefore, it has committed no wrong in making its order in terms of the order of the District Judge.