Allowed

Manju Lata Tiwari v. The Union Of India and Ors.

Patna HC16 Dec 2014CWJC/10346/2014

Case brief

AI extract

What is this about?

The Patna High Court directed the Postmaster to release Rs. 1 lakh from the deceased husband's savings account to the wife without a succession certificate, based on Rule 87 allowing discretionary disbursement up to that limit, provided an indemnity bond is executed.

What did the court decide?

Directing the Postmaster to release Rs. 1 lakh to the petitioner with an indemnity bond, and releasing the balance amount upon production of a succession certificate.

Manju Lata Tiwari Vs The Union Of India and Ors. — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10346 of 2014

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====================================================== Manju Lata Tiwari wife of Late Satish Chandra Tiwari, resident of villageBarvabrit, Post- Nechua Jalalpur, P.S. Kuchaikot, District- Gopalganj

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.... .... Petitioner/s

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Versus 1. The Union of India through the post Master General, Bihar, Patna 2. Senior Superintendent of Post Offices, Saran 3. Senior Superintendent of Post Offices, Siwan Division, Siwan 4. The post Master, Head office, Gopalganj .... .... Respondent/s ====================================================== Appearance: For the Petitioner/s : Mr. Ravi Bhushan Verma, Advocate For the Respondent/s : Mr. N. A. Shamsi (A.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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3 16-12-2014 Mr. Ravi Bhushan Verma, learned counsel for the petitioner and Mr. Rajesh Kumar Verma, counsel appearing for the Union of India are present.

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The only grievance raised by the petitioner is that the amount available in the savings bank account of her late husband Satish Chandra Tiwari bearing S.B. account no. 524373 at Gopalganj Post Office, is not being handed over to the petitioner who happens to be the wife of the deceased by the respondents.

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The petitioner in support of the relationship has filed a supplementary affidavit on 15.12.2014 in which she has enclosed her voter identity card, the voter list of 2014 at Annxure-4, a copy of the postal life insurance placed at Annexure-5 and a relevant

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Patna High Court CWJC No.10346 of 2014 (3) dt.16-12-2014

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extract of the pass-book of the saving bank account of the petitioner maintained with Nechua Jalalpur sub-post office within the district of Gopalganj. All these documents clearly reflect that the petitioner is the wife of late Satish Chandra Tiwari.

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The Union of India has filed its counter affidavit on 15.12.2014 and Mr. Verma learned Central Government counsel relying upon the provisions of the Post Office Savings Bank Manual Volume-1, a relevant extract whereof is placed at Annexure-B, submits that although the sanctioning authority is vested with power to disburse the money lying in the savings bank account of a deceased depositor who has not made any nomination, up to an amount of Rs. one lakh but the moment the amount crosses that limit, then the claimant is required to produce a succession certificate from a competent court of law or produce probate of will or letter of administration of the estate of the deceased. It is thus sought to be contended that since the petitioner did not produce either of these documents as required under the manual, hence the money cannot be disbursed for it will be contrary to the statutory requirement.

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I have heard learned counsel for the parties and I have perused the materials on record. The documents enclosed by the petitioner in the supplementary affidavit filed on 15.12.2014 do

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Patna High Court CWJC No.10346 of 2014 (3) dt.16-12-2014

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reflect that she is the wife of late Satish Chandra Tiwari and the address given in these documents also matches the address present in the savings bank account of the deceased Satish Chandra Tiwari, a relevant extract of which is placed at Annexure2. Even when these documents are there to support the claim of the petitioner but the statutory stipulations present at Annexure-B of the counter affidavit cannot be ignored whereby a restriction has been made on disbursement of the amount if it exceeds Rs. one lakh. The admitted position is that the amount lying in the savings bank account of the husband of the petitioner is over Rs. two lakhs and which has resisted the respondents from disbursing the same. Even while observing as such it is noticed from Rule 87 of the Post Office Savings Bank Manual that the sanctioning authority is vested with discretion to disburse an amount up to Rs. one lakh to the claimant without production of any legal documents.

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In that view of the matter and taking into consideration that the documents which have been placed by the petitioner by way of supplementary affidavit does support her claim and bear statutory character, I am of the opinion that there should be no impediment in the way of the sanctioning authority to disburse the claim up to Rs. one lakh to the petitioner.

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Patna High Court CWJC No.10346 of 2014 (3) dt.16-12-2014

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Mr. Ravi Bhushan Verma, learned counsel for the petitioner has produced a letter of the Superintendent of Post Office, Siwan Division, Siwan addressed to the Postmaster, Gopalganj dated 5.12.2013 issued with respect to the claim of the petitioner and in which he has stated that since the claim is above Rs. one lakh, hence the claim would be settled on the basis of the succession certificate and for which the Postmaster, Gopalganj is the competent authority.

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In view of the statutory stipulations underlying Rule 87 of the Post Office Savings Bank Manual as contained in Annexure-B to the counter affidavit and the directives issued by the Superintendent of Post Office, Siwan Division, Siwan as contained in his letter dated 5.12.2013 addressed to the Postmaster, Gopalganj and considering the documents placed on record by the petitioner to establish her marriage with Late Satish Chandra Tiwari, the Postmaster, Gopalganj H.O., is directed to release a sum of Rs. one lakh in favour of the petitioner from the savings bank account of the husband of the petitioner bearing Savings Bank Account No. 524373 without insisting for a succession certificate but after obtaining all the supportive documents from the petitioner alongwith an indemnity bond executed by the petitioner to recompense the amount in case the

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Patna High Court CWJC No.10346 of 2014 (3) dt.16-12-2014

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claim is found to be false. Insofar as the balance amount remaining in the savings bank account is concerned, the same would be released upon production of a succession certificate by the petitioner in terms of Rule 87 of the Post Office Savings Bank Manual.

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With the observations / directions aforementioned, the

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writ petition is disposed of.

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(Jyoti Saran, J)

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S.Sb/-

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Manju Lata Tiwari v. The Union Of India and Ors.

Case brief

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Manju Lata Tiwari v. The Union Of India and Ors.

Case brief

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What did the court decide?

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