SHANTI DEVI Vs. SANT RAM

JUDGEMENT

(1.) One Achhar Dass was an employee of the Himachal Pradesh Tourism Department. He died on April 29, 1979. A sum of Rs. 3,130 stood to his credit in his provident fund account No. HGA 6587. A sum of Rs. 3,408 became payable to his family or nominees as death -cum -retirement gratuity on his death. The State Government also sanctioned payment of an ex -gratia grant of Rs. 5,000 to him.

(2.) Sarju Devi as the widow of Achhar Dass together with their sons Sant Ram, Mani Ram and daughters Shakuntala, Nirmala and Hima filed a petition (registered as Case No. 7/2 of 1979) for the grant of succession certificate in respect of the above amounts on November 29, 1979.

(3.) After notice was issued to the general public on the application aforesaid, Smt Shanti Devi filed objections. In it, she claimed that she was the widow of Achhar Dass and had two children from him, namely, a son Ashok Kumar and a daughter Asha Rani. She further claimed that it was she alone alongwith her children from Achhar Dass, who was entitled to succeed to the amount of provident fund and other amounts payable upon the death of Achhar Dass.