Court No. - 40
Case :- WRIT - C No. - 20348 of 2021 Petitioner :- Lavkush Kumar Bhatt Respondent :- State of U.P. and Another Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- C.S.C.,Manoj Kumar Srivastava Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The case of the petitioner is that his father was working with Railways. On his death, pension was provided to his mother, namely, Smt. Shyama Devi, who also died on 06.03.2020. At the time of her death, pension of about 7 months was due. It is the case of the petitioner that after death of his mother, he is the legal heir entitled to claim the pension.
But the prayer in this petition is to command the respondents no.2 i.e. the Bank Manager to release the outstanding amount due in the form of the pension of the mother of the petitioner.
It is not specifically stated in the petition that pension has been remitted to the account of petitioner's mother.
Ordinarily, when the account holder dies the amount remaining balance in the account is either paid to the nominee or is paid to the person who produces a succession certificate.
Nothing has been disclosed in the petition that the petitioner was nominee in the account or that the petitioner has obtained succession certificate.
Under the circumstances, we decline the prayer made in this petition but leave it open to the petitioner to obtain succession certificate and apply for release of the amount.
It is made clear that we have not expressed any opinion in respect of the eligibility of the petitioner for pension or to claim for release of the outstanding pension or seek release of the money lying in the bank account of petitioner's mother.
Subject to above, the petition stands disposed off.
Order Date :- 21.9.2021 AKShukla/-