Court No. - 58
Case :- WRIT - A No. - 15607 of 2018 Petitioner :- Smt. Kusum Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to be the second wife of the deceased government servant, whose service dues are being claimed by her. It is stated that the authorities have denied release of such amount in favour of the petitioner as in the service records, name of deceased employee's previous wife is mentioned.
Learned Standing Counsel points out that there is neither any succession certificate issued to petitioner nor any declaration has been made by the Civil Court and, therefore, in its absence, no amount could be paid.
In the facts and circumstances of this case, this Court finds that except for the family register, there is no other document or certificate issued in favour of the petitioner. No succession certificate has been obtained from the competent authority in that regard. In such circumstances, no direction can be issued for release of service benefits of deceased employee to the petitioner.
It shall, however, be open for the petitioner to obtain succession certificate from the competent authority and thereafter she shall be at liberty to move an application for release of the said amount before the competent authority alongwith the certificate, which shall be dealt with in accordance with law.
With the aforesaid observation, writ petition stands disposed of.
Order Date :- 26.7.2018 n.u.