SARWA BEGUM Vs. STATE

JUDGEMENT

(1.) THE order dated 9.5.2001 of District Judge Budgam in review application No. 60/2000 in terms allowing the Review of Order dated 1.4.2000 and succession certificate dated 10.4.2000, is under challenge in this petition under Sections 103 and 104 of the Constitution of J&K; State, corresponding to Articles 226 and 227 of the Constitution of India.

(2.) ONE Hilal Ahmad Sr. Grade constable of Police department posted at P/s Parimpora Srinagar died in harness. His mother Sarva Begum moved an application for Succession certificate in respect of the amount due to the deceased as ex -gratia, leave salary, GP Fund and out of Welfare Police Fund and Janta insurance scheme. The District Judge Budgam allowed the application in succession file No. 60/2000 on 1.4.2000 and held Sarva mother of the deceased and Hassena wife of deceased entitled to the amount of Rs. 5, 98, 000/ - with interest in the ratio of 3/4 and 1/4 respectively. Besides it is mentioned in the certificate that the mother (Sarva Begum) is entitled to receive family pension sanctioned to the deceased's family. This order dated 1.4.2000 was allowed by issuance of Succession Certificate on 10.4.2000.

(3.) THE Ld. Counsel for the petitioner submits that the above impugned review order suffers from jurisdictional error in as mush as the District Judge Budgam has no power of review Under J&K; Succession Act and the order passed is non -est in the eye of law. The Succession Certificate in respect of the family pension has been issued on compromise. The term family has to be read in the wider context and if so read, the mother is included to be read in the wider context and if so read, the mother is included as the person who is legally entitled to receive the pension. Haseena Bano. Widow cannot receive the pension as she has by her own act disentitled herself to receive the pension.