Court No. - 33
Case :- WRIT - A No. - 7194 of 2021 Petitioner :- Kamal Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction to the respondent no. 4 to pay retiral dues of petitioner's sister, who is said to have died in harness.
It is alleged that the petitioner's sister was issue-less and name of the petitioner has been recorded as a nominee in the service record. Contention is that the respondents cannot insist upon furnishing of succession certificate in such circumstances.
Learned Standing Counsel points out that requirement of succession certificate can be dispensed with only if nominee is a member of the family of the deceased and not otherwise.
In the facts of the case petitioner, admittedly, is not a member of family of her deceased sister.
In such circumstances, the insistence on the part of respondents to produce succession certificate cannot be effectively objected. The petitioner may obtain necessary succession certificate and produce it before the concerned authority, who shall process the petitioner's claim in accordance with law, expeditiously.
Subject to the above observation, the writ petition is disposed of.
Order Date :- 28.7.2021 Pkb/