Disposed

Sangita Kacchap v. the State of Jharkhand through Its Secretary Human Resources Development Department

Jharkhand HC1 Jul 2019WPC/2601/2018

Case brief

AI extract

What is this about?

The High Court directed that a civil succession certificate must be obtained first. Upon its production, the respondent-State shall release the death-cum-retiral benefits to the beneficiary within six months.

What did the court decide?

Court directed to decide succession case first; State to pay benefits to beneficiary within six months of producing succession certificate.

Sangita Kacchap Vs the State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P.(S).No. 2601 of 2018

¶3

¶4

Sangita Kacchap … … Petitioner

¶5

Versus -

¶6

State of Jharkhand through its Secretary, Human Resources Development Department, Govt. of Jharkhand, Ranchi.

¶7

The Secretary, Finance Department, Govt. of Jharkhand, Ranchi.

¶8

The Chief Accountant Controller, Planning-cum-Finance Department, Govt. of Jharkhand, Ranchi.

¶9

The Deputy Accountant-cum-Finance (Audit) Department, North Chotanagpur Division, Hazaribagh.

¶10

... … Respondents

¶11

---------- CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK

¶12

For the Petitioner : Mr. Vishwanath Roy, Advocate Mr. Birendra Kumar, Advocate For the Respondents : Mr. L.C.N. Shahedeo, GP-VI Mr. Prem Pujari Roy, AC to GP-VI

¶13

¶14

14/ 01.07.2019 The petitioner claims to be the legally wedded wife of the deceased and the dispute is regarding non-payment of part of the death-cum-retiral benefits.

¶15

For the same and similar relief and also for getting succession certificate, another lady claiming to be the second wife of late Bandhu Oraon, has approached the competent Court of civil jurisdiction, in which the present petitioner is also a party.

¶16

Since the parties have already appeared before the competent Court of civil jurisdiction for getting the succession certificate, it would be appropriate that the succession case be decided first and thereafter, the respondents shall pay the entire amount to the person, in whose favour the succession certificate is issued.

¶17

Since, the matter relates to death-cum-retiral benefits, the Court below is directed to decide the matter at the earliest, preferably within a period of six months from today.

¶18

Upon production of the succession certificate, the respondent-State is directed to release the entire amount of death-cum-retiral benefits to the person, in whose favour succession certificate is issued, within a further period of six months.

¶19

With the aforesaid observations and directions, the writ petition stands disposed of.

¶20

(Dr. S.N. Pathak, J.)

¶21

kunal/-

Sangita Kacchap v. the State of Jharkhand through Its Secretary Human Resources Development Department

Case brief

What is this about?

What did the court decide?

Sangita Kacchap v. the State of Jharkhand through Its Secretary Human Resources Development Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Gour Chandra Mahto Vs the State of Jharkhand

Prema Nand Mandal Vs Education And Ors.

Indu Kumari Vs the State of Jharkhand

Ram Bilash Prasad Vs Jharkhand Mineral Area Development Authority through Its Chairman Cum Managing Director

Sabita Banerjee Vs the State of Jharkhand

Bishnu Deo Singh And Anr. Vs The State Of Jharkhand Through Its Chief Secretary Government Of Jharkhand And Ors.