SEEMA TIWARI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia, prayed for issuance of writ of mandamus directing upon the respondents to release the entire death-cum-pensionary benefit along with Group-Insurance, Provident Fund and Leave Encashment amount as well as due arrears of salary by setting aside Annexure 5, by which, the respondent-authority has given direction to the petitioner to bring Succession Certificate from competent Court.

(2.) Sans details, facts emanating from the writ petition, in a nutshell is that in the year 1998 the marriage was solemnized between petitioner with the deceased-employee, Ram Babu Tiwari, after the death of his first wife. It has been stated that from the wedlock of first wife there are two sons and one unmarried daughter. It has further been stated that during service period of the deceased employee, on 16.10.2004 (Annexure 1), the deceased-employee executed a nomination paper in favour of petitioner authorising the petitioner to get retiral benefits in case of death of her husband. It has been submitted after death of her husband, the petitioner submitted an application dated 24.08.2012 before respondent no. 6 for death-cum-retiral benefit, but, the petitioner was informed that another claimant-Rupa Kumari, daughter of deceased-Ram Babu Tiwary has also claimed death-cum-retiral benefit and hence, a succession certificate was asked to be produced by the petitioner to settle the dispute vide letter dated 28.02.2012 (Annexure 5). Hence, the writ petitioner has approached this Court, invoking Art. 226 of the Constitution of India, for redressal of her grievances.

(3.) Per contra, counter affidavit has been filed on behalf of respondent nos. 2 and 5 stating therein that the petitioner submitted an application dated 24.08.2012 to the Headmaster, High School Koridih for payment of death-cum-retiral benefit on 27.08.2012 and one Rupa Kumari has also submitted application dated 24.06.2014 to Headmaster, High School Koridih for payment of death-cum-retiral benefit on 27.08.2012. It has further been stated that the Headmaster of the said school forwarded both the applications to District Education Officer vide Memo No. 46/12 dated 27.08.2012 (Annexure-A to the counter affidavit). It is stated that in the light of letter of Headmaster, a direction was issued by District Education Officer to produce genuine succession certificate from competent Court of law vide its letter no. 686 dated 27.08.2012 (Annexure B). Furthermore, a Suit being Title (P) Suit No. 12 of 2013 (Annexure C) is also pending before the Court of Sub-Judge VII between the applicants i.e. Rupa Kumari & Ors Vs. Seemama Tiwari . It has further been submitted that death-cum-retiral benefit of the deceased employee can be drawn and distributed only after submission of succession certificate.