AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the parties.
Petitioner has brought this writ application for retiral benefits accruing to late Kamla Devi who was wife of petitioner. Kamla Devi was appointed
as Assistant Teacher on 05.04.1975 on a vacant and sanctioned post. Thereafter, she got financial promotion in pursuance of her subsequent
qualifications. During service she died on 20.03.2013.
In the counter affidavit, the respondents have stated that the service record of Kamla Devi would reveal that she had not nominated anyone. In
absence of nomination, only those persons would be entitled to retiral benefits of the deceased, who produces succession certificate. In this case
besides the petitioner, one Manish Kumar respondent No.11 claimed that he is adopted son of Kamla Devi and put his claim before the department in
respect of retiral dues of late Kamla Devi. The present application against respondent No.11 has already been dismissed for default.
By filing supplementary affidavit, the petitioner has produced death certificate of Kamla Devi wherein name of her father Late Harakh Ram is
mentioned and not the name of petitioner as her husband though the column provides for entry of name of father/husband. The petitioner has further
produced ex parte judgment dated 16.01.2016 passed in T.Suit No.534 of 2014 whereby the adoption deed said to be executed by Kamla Devi
adopting respondent No.11 was declared as not valid.
In view of the aforesaid disputed question of competency of succession, this Court cannot entertain the prayer of the petitioner at this stage. Hence,
this writ application stands disposed off with liberty to the petitioner to obtain succession certificate and make representation before the authorities,
according to law.