1. The petitioner has preferred the present petition for appropriate writ to quash and set aside the order of Lokpal dated 19.11.2003 as well as of the Deputy Collector dated 7.11.2003 and it is prayed that the respondent authority be directed to consider and decide the case of the petitioner.
2. Heard Mr.Apoorva Jani, learned Counsel for Mr.Ashish Dagli for the petitioner and Mr.Jayswal, learned AGP for the State Authorities.
3. It appears that the Lokpal rejected the application of the petitioner on the ground that he is not a direct successor of the deceased, nor any succession certificate is produced for such purpose, nor there is any evidence to show that he would be successor of the deceased as per Bombay Civil Service Rules (BCSR). As per the petitioner, at the relevant point of time, the application before the Court was pending for succession certificate. By additional affidavit dated 10th December, 2009, order of the Civil Court is produced in Civil Misc. Application No.13 of 2002 and as per the same, the Civil Court has passed the order for issuance of succession certificate in favour of the petitioner. Under these circumstances, as the Civil Court has passed the order for issuance of succession certificate in favour of the petitioner and no other objections having brought on record of the Civil Court or of this Court, it can be said that the petitioner is the successor of deceased Julekhabai alias Jilubai Abdul Sidi, who has expired in the earthquake on 26.1.2001.
4. Mr.Jayswal, learned AGP however contended that as per BCSR, the petitioner would not be falling in the definition of family and, therefore, he would not be entitled for compensation, even if the certificate has been issued by the Civil Court for succession in favour of the petitioner. In this regard, he relied upon the affidavit filed by the Deputy Collector, Earthquake and also the guidelines issued by the State Government.
5. In my view, even if the provisions of BCSR to be considered, spouse of the Government Servant and the legitimate children and the step-children and the parents, sisters and minor brothers are also included. If such aspect is considered with the order of the Civil Court, it appears that the successor and more particularly the daughter, Hawabai Dawood has filed an affidavit, stating that she has no objection if the succession certificate is issued in favour of the petitioner. When all other direct legal heirs of the deceased have agreed for issuance of certificate in favour of the petitioner as successor, there is no reason why the petitioner should be treated as not the successor of the deceased. Further, when Civil Court has passed the order, such would prevail over the other aspects and the controversy can be put to rest for succeeding the interest of the deceased, who has expired in the earthquake.
6. In view of the aforesaid, the petitioner would be entitled to the compensation for the death of the deceased Julekhabai alias Jilubai Abdul Sidi being the legal heir. The respondent shall pay the compensation and disburse the amount to the petitioner within a period of 30 days from the date of receipt of the order of this Court.
7. The petition is allowed to the aforesaid extent.
Rule made absolute accordingly. Direct service is permitted.
vinod (JAYANT PATEL, J.)