JEERA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the writ petitioners.

(2.) According to learned counsel for the petitioners, the father of the writ petitioners was employee in the department of Survey of India and was holding the post of 'Khalasi'. He died on 11.11.2001 while he was in service. The petitioners' mother thereafter was given family pension and she also died on 30.05.2003. Thereafter, the petitioners were denied family pension on account of nonentry of their names in the service record as the children of the deceased-employee.

(3.) Hence, the petitioners approached the Central Administrative Tribunal, Circuit Bench at Ranchi (in short "CAT") by filing O.A No. 46 of 2007. The CAT disposed of the said O.A no. 46 of 2007 with a direction to the respondents to check whether names of the appellants-writ petitioners are in the service record of the deceasedemployee or not and if names are not found in the service record, then the petitioners may be directed to produce necessary succession certificate obtained from the competent Civil Court. If such succession certificate is obtained, the respondents shall consider the said certificate and shall issue necessary order in accordance with rules. After this order, passed in O.A. No. 46 of 2007 dated 23 rd June, 2007, the applicants applied for succession certificate by filing Succession Case No. 41 of 2008. The applicants' said application for succession was rejected on the ground that as per Section 372(3) of the Indian Succession Act, the succession certificate can be granted in respect of debt and sureties of the deceased and in this case, there is no debt and sureties of the deceased but the arrears of pension which may accrue to the minor daughters of the deceased. The learned Sub-Judge I, Hazaribagh in Succession Case No. 41 of 2008 held that since there is no debt and sureties of the deceased question of issuing succession certificate to the applicants for the arrear amount of the pension does not arise and for that reason, the Succession Application was rejected.