The petitioner sought a writ to quash an order refusing pension proceeds due to doubts raised about a succession certificate. The court found the issue to be a disputed question of fact and declined to exercise writ jurisdiction under Article 226 Constitution of India.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1535 OF 2012
Ganesh Mahto son of Hiralal Mahto
... Petitioner
Vs.
1.Union of India, through the Regional Commissioner, Coal Mines Provident Fund Region II, Mayfield Bulding, Ranchi Srailway Station Road,P.O and P.S Chutia Ranchi.
2.The Chairman-cum Managing Director, C.C.L Darbhanga House at P.O P.S ad District Ranchi.
3.The Chief Medical Officer CCL Central Hospital, Naisarai P.O Ramgarh Cant P.S and Dist. Ramgarh.
4.Smt Alo Devi @ Pasho Devi wife of Hiralal Mahto
5.Deosar Mahto son of Late Hiralal Mahto both 4 and 5 are residents of village and P.O Barki P.S and Dist. Ramgarh.
6.Paneshwari Devi wife of Ramesh Kumar Mahto, daughter of Late Hiralal Mahto, resident of village and P.O Gandey P.S and Dist. Hazaribagh.
….. Respondents
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Akshay Kr. Mahato Adv.
For the.C.C.L Mrs.Banani Verma Advocate
For the CMPF Mr. Prashant Kr.Singh,Adv.
Order No.11 : Dated 8th August, 2019
Heard the learned counsel for the parties.
The petitioner has preferred this writ petition for quashing the order dated 8.7.2011.
Mr. Akshay Kr. Mahato, the learned counsel of the petitioner submits that annexure 10 i.e. the order dated 8.7.2011 had been issued by the Regional Commissioner, Coal Mines Provident Fund Region II where it had doubted on the succession certificate produced by the petitioner as fake which is not tenable as the competent court of law had issued the same.
Mr.Prashant Kumar Singh, the learned counsel for the CMPF submits that according to the scheme, they are bound to release the amount in question to the nominee whose name is recorded in the office of the C.C.L. He further submits that CMPF had received the information from the office of CCL to the effect that Alo Devi is a nominee and accordingly the doubt of CMPF on the succession certificate is genuine.
Mrs. Banani Verma, learned counsel for the CCL submits
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that the office of the CCL had received a death certificate on 1.3.2001 of Alo Devi whereas succession certificate had been issued in the year 2010.
Looking to the above averments and arguments advanced by the parties, this court prima facie finds that there are some mis-representation/interpolation to grab the amount in question of late Hiralal Mahto and there is no doubt that the petitioner is also the son of Hiralal Mahto but the question remains that if Alo Devi is still alive and her name is recorded in the nomination form, how the son of Hiralal Mahto will be paid that amount.
Being a disputed question of fact as stated above, this court is not inclined to exercise its power under Article 226 of the Constitution of India. However, the Vigilance Department of the CCL is directed to look into the matter and submit a report before the appropriate authority as to the person, who is eligible for payment of that amount and after coming to a conclusion Respondent-CC L will forward the same to concerned authority of CMPF and CMPF in its turn will act in accordance with law
With the above observation this writ petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
SD
2 issues framed by the court
Whether the court can exercise writ jurisdiction quashing an order refusing to pay pension proceeds solely due to doubts about the authenticity of a succession certificate.
Whether the High Court was satisfied that the nominee Alo Devi was still alive despite the production of a contrary death certificate.
Ganesh Mahto
Union of India
Chairman-cum Managing Director, C.C.L.
Chief Medical Officer CCL
Smt Alo Devi
Deosar Mahto
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
