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HARISH KUMAR
Nazara Khatoon @ Najra Khatun W/o Haider Ali – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
HARISH KUMAR, J.
1. Heard the parties.
2. The petitioner is the adopted daughter of late Kamrun Khatoon who died in harness on 05.12.2018, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondents especially respondent no. 2, the District Magistrate, Begusarai to sanction all the death-cum-retiral benefits, including pension, gratuity, leave encashment, provident fund accumulation, group insurance and other dues.
3. Learned Advocate for the petitioner contended that the mother of the petitioner died in harness on 05.12.2018 while working as Office Peon in the Office of Sub-Divisional Officer, Begusarai and later on posted in the office of Begusarai Block. The deceased mother of the petitioner was appointed on compassionate ground after the death of her husband late Md. Nizamuddin, who was working on the post of Peon in the office of Sub-Divisional Officer, Begusarai. The petitioner being adopted daughter of late Kamrun Khatoon (deceased mother) who died in harness on 05.12.2018 filed an application before the Sub-Divisional Officer, Begusarai on 25.06.2019, requesting for payment of all the terminal ben
Adopted children are entitled to terminal benefits under Bihar Pension Rules, and a succession certificate is sufficient to establish their claim despite state objections regarding adoption.
A Deputy Collector lacks jurisdiction to issue a succession certificate for terminal benefits under the Indian Succession Act; claimants must seek relief through a competent civil court.
The legally wedded wife of a deceased government servant is entitled to family pension, overriding prior nominations, and a succession certificate is not required for such claims.
(1) Family pension – There exists a vital difference between rights of an adopted son under Hindu Law and his rights to draw family pension which creates burden on public exchequer.(2) Persons who we....
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