Nirmala Devi & Ors vs State Of West Bengal & Ors

An order dated 17th June, 2019 passed by the West Bengal Administrative Tribunal (hereafter the tribunal) disposing of O. A. 256 of 2018 (Dolly Jha -vs.-The State of West Bengal & Ors.) with a direction to the Commissioner, Commercial Taxes, West Bengal to disburse the retiral dues of Omprakash Jha (since deceased) in favour of the original applicant, is the subject-matter of challenge in this writ petition at the instance of Nirmala Devi Jha & two others, being her sons, who were the added respondents before the tribunal.

It appears from the impugned order of the tribunal that the direction for disbursal of retiral dues of the deceased employee in favour of the original applicant was made based on a succession certificate that the original applicant had obtained from the Court of the District Delegate, Raiganj, Uttar Dinajpur (hereafter the district delegate) in Misc. Case 5 of 2014 under section 377 of the Indian Succession Act, 1925.

It is not in dispute that the petitioners before us have moved the district delegate for revocation of the succession certificate and 8th November, 2019 is the date fixed for consideration of the prayer for stay of the petitioners.

However, we note that by an earlier order dated 4th September, 2019, an application filed by the petitioners under Order 39 Rule 1 of the Code of Civil Procedure stands rejected.

Be that as it may, having read an order dated 9th August, 2017 passed by a learned Judge of the Patna High Court on a petition under section 482 of the Code of Criminal Procedure (being Criminal Miscellaneous No.46668 of 2013) that Omprakash Jha had himself admitted in such petition of having contracted a second marriage by marrying the original applicant in 1993 when his first marriage was subsisting, purportedly with the consent of the first petitioner herein, we are of the considered opinion that a final decision on this writ petition ought to await till such time the district delegate disposes of the prayer for stay made before him in Miscellaneous (Succession) Case No.2 of 2019.

We, accordingly, stay the operation of the order dated 17th June, 2019 passed by the tribunal till 31st January, 2020 or until further orders, whichever is earlier. We encourage the district delegate to consider the prayer for stay on the next date fixed or so soon thereafter, as and when the business of the Court shall permit.

Hearing of this writ petition stands adjourned till 9th December, 2019 to enable the parties report developments in the meanwhile.

List the writ petition as a 'Motion' on that date once again.

We make it clear that the district delegate shall proceed to decide the lis before him, uninfluenced by any observation made in this order.