Dismissed

Naveen Kumar Sinha v. State of U.P. and 3 Others

Allahabad HC20 Sept 2023WRIA/14271/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an order requiring a petitioner to obtain a succession certificate to claim compassionate appointment following his mother's death. The Court rejected reliance on a will to claim such appointment, noting the existence of other potential claimants.

What did the court decide?

The writ petition was dismissed; the requirement to obtain a succession certificate remains valid.

Naveen Kumar Sinha Vs State of U.P. and 3… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:187243

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Court No. - 37

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Case :- WRIT - A No. - 14271 of 2023

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Petitioner :- Naveen Kumar Sinha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner and learned Standing counsel appearing on behalf of the State-respondents.

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Instant writ petition has been filed praying for quashing of orders dated 29.05.2023 and 26.06.2023, copies of which are annexures 15 & 17 to the writ petition passed by the Executive Engineer, PWD, Gorakhpur.

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By means of both the orders impugned, the petitioner has been required to submit a succession certificate so as to consider the claim of the petitioner for compassionate appointment.

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The contention of learned counsel for the petitioner is that as his mother had executed a registered will dated 24.05.2008, a copy of which is annexure 3 to the writ petition in which she had willed the compassionate appointment in case of her death, to the petitioner, consequently, the petitioner is not required to get a succession certificate as has been asked for by the respondents.

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Having heard the learned counsel for the contesting parties and having perused the records what emerges is that the petitioner is seeking compassionate appointment upon the death of his mother who died in harness on 06.02.2022. The compassionate appointment is being staked on the the basis of will which was executed by the mother of the petitioner whereby the compassionate appointment had been willed. The respondents through the order impugned have required the petitioner to get a succession certificate so as to consider his claim for compassionate appointment.

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Learned counsel for the petitioner has been unable to indicate from any statutory provision or any case law that the compassionate appointment can be willed.

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Considering the aforesaid, there does not appear to be any error or infirmity in the respondents having required the petitioner to get a succession certificate from a competent court of law more particularly when as per the averments made in the writ petition, the elder brother of the petitioner is alive and could also be a claimant

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for compassionate appointment.

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Accordingly, no case for interference with the orders impugned is made out. However, it would be open to the petitioner to apply for a succession certificate before the competent Court of law and in case the succession certificate is granted in his favour then the respondents may process the claim of the petitioner for compassionate appointment in accordance with law.

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The writ petition is dismissed with the aforesaid observations.

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Order Date :- 20.9.2023 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad

Naveen Kumar Sinha v. State of U.P. and 3 Others

Case brief

What is this about?

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Naveen Kumar Sinha v. State of U.P. and 3 Others

Case brief

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