A succession certificate cannot be granted where probate has already been granted in respect of the estate of the deceased and is still in force.

Subhro Kamal Mukherjee, J.

In view of the urgency pleaded by the learned advocate for the petitioners, this matter is taken up for hearing out of turn in presence of Mr. Sahidullah Munshi, learned advocate appearing for the State respondents.

2. This is an application under Articles 226 and 227 of the Constitution of India against the judgment and order dated March 19, 2013 passed by the West Bengal Administrative Tribunal, in Original Application No. 976 of 2011.

3. Sanjit Mukherjee, since deceased, was a permanent employee in the office of the Sub-divisional Agricultural Officer at Suri, district: Birbhum. We are informed that he was employed, during his lifetime, as a permanent Krishi Projukti Sahayak.

4. Sanjit Mukherjee, since deceased, was a bachelor. He executed his last will and testament on September 21, 2005, corresponding to 4 Ashwin 1412 B.S. He named and appointed his sister-in-law, Shrimati Bishnupriya Mukherjee, and his nephew, Bappaditya Mukherjee, as the executrix and the executor respectively of his said will. He bequeathed all his estate, including his entitlements from the Government of West Bengal, in their favour.

5. Sanjit Mukherjee, since deceased, died on November 17, 2005.

6. An application for grant of probate was filed, which was, eventually, registered as Miscellaneous (Probate) Case No. 62 of 2006 in the court of the learned Additional District Judge, First Court at Suri, district: Birbhum. The learned Additional District Judge granted probate with the will annexed in favour of the executrix and the executor.

7. These petitioners, after obtaining probate, approached the Sub-divisional Agricultural Officer at Suri, district: Birbhum, for release of the gratuity, the general provident fund and the leave salary and other admissible dues concerning the deceased employee in their favour.

8. The said Sub-divisional Officer, in his communication dated April 19, 2008, asked these petitioners to produce a succession certificate as he opined that as these petitioners were not members of the family of the deceased employee within the meaning of the Death-cum-Retirement Benefit Rules, 1971, they must produce a succession certificate. These petitioners approached the Additional Director of Agriculture. The Additional Director, Agriculture was of the same opinion and declined to release those benefits in favour of these petitioners.

9. Unfortunately, the administrative authorities did not apply their minds that once a probate is obtained, it was not necessary for these petitioners to obtain a succession certificate. No court was competent to grant a succession certificate when probate has, already, been granted in respect of the estate of deceased and has been still in force.

10. Unfortunately, situation did not improve when these petitioners approached the West Bengal State Administrative Tribunal.

11. The learned members of the State Administrative Tribunal, without at all referring to the Indian Succession Act, 1925, rejected the contention of the petitioners. It was held that the petitioners were not the members of the family within the meaning of note e (7) of the Death-cum- Retirement Benefit Rules, 1971 and as the benefits were to be released only to the members of the family as defined in the said Rules, unless these petitioners obtain a valid succession certificate from a competent court of law, the authorities were not obliged to release those payments in favour of the petitioners irrespective of the fact that they have obtained a probate of the last will and testament of the deceased employee.

12. The learned members opined, I repeat, again without any application of mind and without any reference to the said Act of 1925, that the authorities did not commit any mistake by asking these petitioners to produce a succession certificate. Thus, the original application was disposed of by directing the petitioners to produce a succession certificate before the authorities and the authorities were d