Disposed

Hema Devi v. the State of Jharkhand

Jharkhand HC5 Mar 2019WPC/636/2019

Case brief

AI extract

What is this about?

Petitioner, second wife of deceased government employee, sought family pension and death benefits. Court directed her to seek a succession certificate from civil court, staying retiral benefits disbursement for one year to avoid irrecoverable loss to beneficiaries of the first wife.

What did the court decide?

Petitioner directed to obtain succession certificate under Indian Succession Act; retiral benefits stayed for one year.

Hema Devi Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 636 of 2019

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Hema Devi wife aged about 30 years of Late Jagdeo Thakur, resident of Ward No. 20, Gangta Khurd, Adarsh Nagar P.O. Gangta Khurd, P.S. Godda(T), District-Godda (Jharkhand). …. Petitioner

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Versus

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The State of Jharkhand

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The Deputy Commissioner, P.O. & P.S. Godda, District- Godda (Jharkhand)

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The Deputy Commissioner, Commercial Taxes, Godda Circle, Godda, P.O. & P.S. Godda, District-Godda (Jharkhand)

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The Treasury Officer, P.O. & P.S Godda, District-Godda (Jharkhand)

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The Accountant General, Jharkhand, P.O. & P.S. Doranda, District-Ranchi (Jharkhand) … ... Respondents.

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CORAM: HON'BLE MR. JUSTICE ANANDA SEN .

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For the petitioner: Md. Jalisur Rahman, Advocate For the Respondents: Mr. Suresh Kumar, Advocate

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03/05.03.2019. The petitioner in this writ application has prayed that the deathcum-retiral benefits of her husband be released in her favour.

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The husband of this petitioner namely, Jagdeo Thakur was working as a driver in the office of the Deputy Commissioner, Commercial Taxes, Godda Circle, Godda. He died in harness on 05.02.2012. The petitioner claims to be the second wife. She claims that she is not getting the family pension and nor the entire death cum retiral dues have been paid to her.

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Counsel for the petitioner submits that she is the second wife of the deceased employee Jagdeo Thakur. He submits that this marriage was solemnized after the death of the first wife thus, she can be said to be legally married to the deceased. He submits that the entire death cum retiral benefits have not been paid to this petitioner which she is entitled to. He further submits that her client has got information that the amount of post retiral benefits is about to be disbursed in favour of the children of the first wife, ignoring the claim of this petitioner.

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Counsel for the respondents submits that he has received instructions and as per his instructions the youngest son of the deceased has been appointed on compassionate ground. He submits that there is a dispute about the status of the petitioner. He further submits that the name of the petitioner is not in service records. If the petitioner at all is

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-2-

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the second wife and has got any claim over the properties of the deceased, she must produce a succession certificate obtained from a competent court on civil jurisdiction.

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At this stage, counsel for the petitioner submits that he will apply and produce a succession certificate for this purpose.

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Considering the submission of the parties, I find that since the son of the first wife is disputing the status of the petitioner, I direct the petitioner to approach competent civil court and apply for grant of succession certificate as per the Indian Succession Act. The petitioner is at liberty to approach the respondent authorities claiming retiral benefits only after obtaining succession certificate within a year.

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Since the son of deceased and first wife has already been granted compassionate appointment, and the fact is not disputed that the retiral benefits are about to be disbursed to the son of the deceased, and if it is done, then even if succession certificate is granted to the petitioner it will be difficult to recover the money disbursed, I direct the respondents not to disburse the retiral benefits for a period of one year by which it is expected the succession certificate will be produced by the petitioner.

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With the aforesaid observation and direction this writ application stands disposed of.

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(Ananda Sen, J)

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Priya/c.p.2-

Hema Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hema Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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