Petitioners sought death-cum-retiral benefits for their late father. The petition was dismissed because no succession certificate was produced. Dues will be released upon production of the certificate.
The petition is disposed of. Dues will be released upon production of the succession certificate within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 18262 of 2011
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
3. 16.01.2015 Nobody appears on behalf of the petitioner. Learned counsel for the Patna Municipal Corporation and for the State are present.
Learned counsel for the Patna Municipal Corporation submits that the petition has been filed seeking death-cum-retiral benefit of late Parmeshwar Rai and petitioners no. 1 and 2 are the sons whereas petitioners no. 3 and 4 are the grandsons from another son whereas the fourth son of late Parmeshwar Rai namely, Awadhesh Rai, is not a party in the present proceeding and thus the Corporation has asked the parties to bring a succession certificate indicating as to in what proportion and to whom distribution of post retiral
Patna High Court CWJC No.18262 of 2011 (3) dt.16-01-2015
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dues of the late father of the petitioners no. 1 and 2 be made but the same has still not been submitted by them.
In view of the aforesaid, the Court does not deem it appropriate to keep the writ application pending. Accordingly, the same stands disposed off. However, on production of the succession certificate before the respondent Patna Municipal Corporation by the heirs of late Parmeshwar Rai, all admitted dues of the said deceased employee would be released in favour of his heirs in terms of the succession certificate within two months of the date of production of the succession certificate before the authority concerned.
(Ahsanuddin Amanullah, J.)
P. Kumar
U
2 issues framed by the court
Whether the writ petitioner produced the required succession certificate claiming death-cum-retiral benefit for the deceased employee.
Whether the writ petition should be kept pending or disposed of due to non-production of documents.
Raju Rai
Chandeswar Rai
Dinesh Rai
Pappu Kumar
Patna Municipal Corporation
Principal Secretary Urban and Development, Government of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
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