Disposed

Mary Tuti v. Ranchi University Represented through Its Registrar and Ors.

Jharkhand HC16 Jun 2022WPC/1802/2014

Case brief

AI extract

What is this about?

Writ petition filed for post-death benefits of a deceased employee. Court disposed of the matter granting liberty to file a detailed representation with a succession certificate within six months.

What did the court decide?

Liberty granted to petitioner to file a detailed representation with supporting documents including a succession certificate within six months.

Mary Tuti Vs Ranchi University Represented… — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 1802 of 2014

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Mary Tuti, wife of Late Yakub Tuti, Resident of St. Paul Compound, House No. 4, Church Road, P.O- G.P.O, P.S.- Sadar, District : Ranchi

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… … Petitioner

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Versus

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Ranchi University represented through its Registrar, Saheed Chowk, P.O G.P.O., P.S. Kotwali, Ranchi.

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Vice-Chancellor, Ranchi University, Ranchi

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Dean of colleges, Ranchi University, Ranchi.

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Birsa College through its Registrar, Birsa College, Khunti.

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The Principal, Birsa College, Khunti.

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The Accountant General, A & E, Jharkhand, Ranchi.

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… … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Rajesh Kumar, Advocate For the Resp. Nos. 1 to 4 : Mr. Anoop Kumar Mehta, Advocate For the Resp. No. 6 : Mr. Sudarshan Shrivastava, Advocate ---

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07 /16.06.2022 Counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs:

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“For issuance of an appropriate writ(s), Order(s), direction(s), commanding upon the Respondents to pay the death-cum-retiral dues to the petitioner and fixation of pension of the petitioner whose daughter namely Shabnam Tuti died while in harness on 12.07.2013 but till date the amount of general provident fund, group insurance, gratuity, earned leave, pension, family pension and difference of pension to the petitioner along with interest under law and for grant of any relief/reliefs to which the petitioner is legally entitled for.”

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3. The counsel for the petitioner submits that the daughter of the petitioner namely, Shabnam Tuti was working in Birsa College, Khunti, who died on 12.07.2013 and the death certificate is on record, but the death benefits have not been paid to the petitioner for which the petitioner filed representation before the Principal of the college. He also submits that a family certificate is also annexed with the writ petition as contained in Annexure- 2 which was also filed before the principal of the college, but no step as such has been taken for payment of the death benefits.

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4. The learned counsel for the petitioner has also referred to a representation which was filed before the Vice Chancellor of the Ranchi University.

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5. The learned counsel appearing on behalf of the respondent nos. 1 to 4 submits that considering the facts and circumstances of this case, the petitioner may be required to produce a succession certificate along with the other documents to satisfy the authority and if any fresh representation is filed with all the required documents and succession certificate, the same can be disposed of by the Registrar, Ranchi University- respondent no. 1 in consultation with respondent no. 4.

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6. The learned counsel appearing on behalf of the respondent no. 6 submits that the Accountant General has been wrongly made party in the present proceedings and the Accountant General office does not deal with the employees under the University.

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7. After hearing the learned counsel for the parties and considering the fact that the petitioner has raised her claim with regard to post death benefits of her daughter, it appears that there could be other legal heirs and successors of the deceased daughter of the petitioner and therefore, this writ petition is disposed of with a liberty to the petitioner to approach the respondent no. 1 by filing a detailed representation with supporting documents including succession certificate within a period of six months from today. Upon filing of such representation, the respondent no. 1 shall pass a reasoned order in consultation with respondent no. 4 and if the petitioner and/or other legal heir and successor of the deceased daughter of the petitioner are found entitled to any relief, appropriate steps be also taken for remitting the same to the concerned person.

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8. This Court also finds that the petitioner is a lady and has poor economic condition and therefore, it will be open to her to seek aid from the District Legal Services Authority, Ranchi to lodge her claim/obtain succession certificate of her deceased daughter.

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9. Pending interlocutory application, if any, is closed.

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10. Let a copy of this order be also communicated to the petitioner at the address which has been given in the writ petition.

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(Anubha Rawat Choudhary, J.)

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Pankaj

Mary Tuti v. Ranchi University Represented through Its Registrar and Ors.

Case brief

What is this about?

What did the court decide?

Mary Tuti v. Ranchi University Represented through Its Registrar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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