JUNAID SAHIL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) It is an unfortunate state of affairs. A young boy of thirteen years reading in class seven in one of the premier Institutions of the city without being looked after by his parents. His father is dead. Mother has deserted him. He is with his maternal grand mother who is unable to maintain him in view of her advanced age and financial stringency.

(2.) The fact would depict that one Ivor Anil Singh was an employee of the Railway. He married Dorothy Katherine Singh, the petitioner no.2 above named. Dorothy claimed that she was married to Ivor on November 26, 1990 as per Christian custom at St. Dominic Savio Church at Lucknow. At that time, Ivor was posted at Charbagh Railway Station at Lucknow. She claimed that out of her wedlock with Ivor she gave birth to Sahil, the minor boy who was born on December 16, 1998. They lived a happy life at Lucknow. However Ivor died on October 20, 2000 at the age of thirty-five leaving him surviving Dorothy and Sahil. Sahil was about two years old at that time. In December 2001 Dorothy married one Guddu Dewan who declined to take the responsibility of the minor boy. Dorothy deserted the minor boy and married Guddu. The petitioner no.1 Rita Simon Dicosta took the custody of the child and was maintaining him at Kolkata. The boy is now studying in class seven at Don Bosco School, Park Circus, Kolkata. Rita and Dorothy approached the Railway Authority for post-death benefit on account of Ivor as well as family pension for Sahil. The Railway made a discreet enquiry. The enquiry revealed that the parentage of Sahil was in doubt. According to the Railway as per the enquiry, Ivor and Dorothy initially started residing at Lucknow after the marriage. However, Dorothy left Lucknow on July 7, 1991 and since then she was residing at Kolkata in her matrimonial home. Pertinent to note, Sahil was born on December 16, 1998 after about seven years of Dorothy deserting Ivor and started residing at Kolkata. The Railway declined to release the post-death benefit. Moreover, there were rival claims by two married sisters of Anil who also objected to such release as contended by Rita in her affidavit before the Tribunal.

(3.) The Tribunal rejected the claim on the ground that the issue should be decided by competent Civil Court and the applicants should approach the Civil Court for a succession certificate to get the post-death benefit. Being aggrieved, Rita and Dorothy approached us by filing the instant application.