DILIP KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) LATE Bhushan Chandra Jha was an employee of the respondent Department of Posts and Telegraphs, Government of India. He was a postman working in Surihari Post Office, Amarpur Police Station, in the district of Banka. During his lifetime he obtained a Postal Life Insurance Policy No. 55451 -P for Rs. 1 lac and nominated his wife as a nominee. The wife died on 16.7.2004 and within two years even Bhushan Chandra Jha died on 14.7.2006. Bhushan Chandra Jha has left behind three siblings. They are Dilip Kumar Jha, the present petitioner, Gunjan Kumari aged about 18 -20 years and Deepak Kumar Jha who is also now a major.

(2.) THE petitioner being the eldest son of the deceased employee came to be offered appointment on compassionate ground as a postman in place of his father and letter of appointment has been issued in favour of the petitioner on 7.5.2008. Petitioner too has been appointed on the post of postman and he is working in that capacity in the said post office, which is Surihari. Petitioner lodged a claim for payment of the life insurance alongwith declarations from his brother and sister stating that they had no objection for payment of the insured amount to the petitioner being the" eldest and he has responsibility to take care of his other siblings. In support of the said claim petitioner annexed appropriate declarations as well as a certificate from the Circle Officer with regard to the offspring of late employee namely, Bhushan Chandra Jha.

(3.) DESPITE all these exercise the respondent authorities vide a communication dated 30.4.2008 issued on behalf of Chief Postmaster General, Bihar Circle directed the petitioner to obtain a succession certificate. Petitioner 'ssubmission is that the said communication has been issued in a very mechanical kind of manner in absence of any dispute having been raised from any quarter. The irony of the whole thing is not lost because it is the same respondent authorities which have offered employment to the petitioner under them on compassionate ground on the death of his father. The two offspring who are there are the responsibility of the petitioner which is a condition for compassionate appointment. They have given a proper declaration for payment of the insured amount but ignoring all that, the petitioner is being compelled to obtain a succession certificate where no dispute exists.