Court No. - 6
Case :- WRIT - A No. - 8582 of 2018 Petitioner :- Anita Suman Respondent :- Life Insurance Corporation Of India And Another Counsel for Petitioner :- Jitendra Kumar Mishra Counsel for Respondent :- Manish Goyal,Udai Shanker Mishra,Udai Shanker Misra
Hon'ble B. Amit Sthalekar,J.
Counter affidavit filed today is taken on record.
Heard Sri J.K. Mishra, learned counsel for the petitioner and Sri Udai Shanker Mishra, learned counsel for the respondents.
The petitioner in the writ petition is seeking quashing of the order dated 5.1.2018 and is also claiming family pension.
By the impugned order dated 5.1.2018 the petitioner has been asked to obtain succession certificate in respect of her claim for pensionary benefits as one Smt. Vimla Devi has also made a claim to family pension. The claim of the petitioner itself has not been rejected and therefore, the petitioner has no cause of action to maintain this writ petition.
A counter affidavit was called from the respondents to seek clarification of the position. In the counter affidavit which has been filed today, it is stated that in the pension form no. 10 dated 25.9.1995 of deceased government servant one Smt. Vimla @ Vinita has been named as nominee.
In this view of the matter, if the petitioner is claiming arrears of family pension then I do not find any error if the respondents have asked her to obtain a succession certificate in that regard. According to the petitioner she had already obtained a succession certificate, copy of which has been filed at page 34 of the writ petition, but this succession certificate is only in respect of Group insurance, gratuity, GSI and GTIS total Rs. 22,81,172/-. This succession certificate does not mention anything about family pension. Therefore, petitioner has to obtain a fresh succession certificate, if she wants family pension also.
The writ petition is dismissed with the aforesaid observation.
Order Date :- 24.4.2018 Kirti