Adopted son of a deceased PMC employee sought payment of death-cum-retiral dues, facing rival claim from the employee's sister. The court directed the Executive Officer to verify both claimants' documents and pass an order for payment in accordance with law within twelve weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13533 of 2023
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Rohit Kumar Son of Late Ram Chandra Resident of Mohalla- East Lohanipur, Bhushan Gali, Police Station- Kadamkuan, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Avinash Kumar, Adv. For the Respondent/s : Mr. Sanjay Prakash Verma, Adv. =======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT
Date : 03-01-2024
Heard Mr. Avinash Kumar, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Prakash Verma, learned counsel for the Patna Municipal Corporation.
Patna High Court CWJC No.13533 of 2023 dt.03-01-2024 2/4
Corporation stating therein to consider the claim of the petitioner for appointment in place of him. Further, late Ram Chandra taking note of his physical condition had also executed an adoption deed in favour of the petitioner, copy of which has been brought on record vide Annexure-3 to the writ petition. Needless to observe soon after the execution of the adoption deed on 19.12.2007 the erstwhile employee died on 23.12.2007.
Patna High Court CWJC No.13533 of 2023 dt.03-01-2024 3/4
has also submitted two affidavits duly sworn by her along with family description and other documents and claimed for payment of entire death-cum-retiral dues of her deceased brother.
Patna High Court CWJC No.13533 of 2023 dt.03-01-2024 4/4
retiral beneifts in accordance with law.
aforementioned observations and directions.
(Harish Kumar, J)
Anjani/-
AFR/NAFR CAV DATE Uploading Date 08.01.2024 Transmission Date
1 issue framed by the court
Whether the adopted son claiming to be legal heir of a deceased employee is entitled to payment of death-cum-retiral dues amid a rival claim by the deceased's sister.
Rohit Kumar
The Municipal Commissioner, Patna Municipal Corporation
The Executive Officer, Bankipur Circle, Patna Municipal Corporation
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
