Court No. - 28
Case :- WRIT - A No. - 4396 of 2018 Petitioner :- Rinkaj Kumar Respondent :- State Of U.P.
Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
Earlier the petitioner approached this Court by way of Writ-A No.23465 of 2017 and the following order was passed :
"The petitioner claims that his uncle namely, Late Bahadur Singh was working as regular Clerk in Radha Krishna Inter College, Hasanpur, Mathura. Unfortunately, while in service he died on 19.5.2014.
It is submitted that the salary of the deceased had already withdrawn but the terminal dues was due. The deceased died intestate and had no dependent. The petitioner used to look after him as his son. The petitioner filed a succession suit being Succession Suit No.110 of 2014 before the Civil Judge, Mathura for claiming the terminal dues. The said suit was decreed in favour of the petitioner on 31.8.2014 and a decree was prepared on 8.9.2014 determining an amount in favour of the petitioner, which is filed as Annexure-1 to the writ petition.
The petitioner claims that he has moved an application before the District Inspector of Schools, Mathura for disbursement of the terminal dues of his uncle, but till date no action has been taken.
The writ petition is disposed of with the direction to the respondent No.3-District Inspector of Schools, Mathura to consider the claim of the petitioner in the light of decree in Succession Suit No.110 of 2014 and pass appropriate orders in accordance with law, as far as possible within a period of four months from the date a certified copy of this order is presented before it. "
In pursuance of this order the petitioner represented before respondent no.3, who has rejected his representation by the impugned order dated 18.01.2018 without assigning any ground why he is not entitled to the benefit of succession certificate granted to the petitioner by the Civil Court, Mathura on 31.08.2014. Regarding the claim of the petitioner for compassionate appointment the impugned order records correct finding that in absence of any evidence of adoption of the petitioner by his deceased uncle, he can not be considered his legal heirs. Therefore, the impugned order dated 18.01.2018 passed by respondent no.3 is quashed to the extent it denies benefit of the order passed in Succession Case No.110 of 2014 by Civil Judge, Mathura regarding the terminal dues of late Bahadur Singh.
Respondent no.3 shall make the payment of terminal dues of the deceased Bahadur Singh to the petitioner as per the succession certificate granted to him within a period of six weeks from the date of presentation of certified copy of this order. The petitioner shall produce certified copy of the succession certificate before respondent no.3.
In view of the above, writ petition is partly allowed.
Order Date :- 27.2.2018 SS