PRIYANKA Vs. BHARPAI

JUDGEMENT

(1.) This Regular Second Appeal is directed against the concurrent findings of the Courts below, whereby succession certificate has been directed to be issued in favour of respondent No.1 herein- Smt. Bharpai and the appellants herein.

(2.) As the facts emerging from record reveal, Rohtash son of Kitab Singh had joined PWD (B&R) Department in December, 1993 and after serving for 21 years, he expired on 7/7/2014 while working as Electrician. Smt. Bharpai (respondent herein) filed CWP No.19267 of 2015 before this Court alleging that State of Haryana and the concerned departments were not releasing the retiral benefits of Rohtash in her favour despite she being her widow. The Department justified its action on the ground that petitioner Bharpai had failed to produce the Legal Heir Certificate. A coordinate bench of this Court vide order dtd. 30/1/2020 transferred the matter to Additional Civil Judge (Senior Division), Narwana with the direction to return findings after recording evidence of both the parties qua the respective claim of the parties in respect of the issuance of the succession certificate. It was further directed that in case the court finds sufficient evidence for issuance of the succession certificate, the same shall be duly issued or else an appropriate orders shall be passed.

(3.) It was the case of the petitioner - Smt. Bharpai i.e. respondent herein that Rohtash had performed two marriages in his life. He was firstly married to Smt. Darshana, from whom, he had five children namely Sandeep, Priyanka, Supriya, Sourabh and Kajal. After the death of Smt. Darshana in August 2001, Rohtash had performed Karewa Marriage with the petitioner - Bharpai. It was further the stand of the petitioner that she (Bharpai) was earlier married but her previous husband had expired and from him, she had two children, namely, Vikas and Pinky. After the death of Rohtash, she presented her case for releasing the retiral benefits to her and the other dependent children of Rohtash along with all the necessary documents but she was asked to produce the succession certificate. The appellants herein and respondent No.5 herein Sandeep were impleaded as respondents No.4 to 8 in the petition. They are the children of Rohtash from his first wife Smt. Darshana.