A. B. CHAUDHARI, J.

CM-3247-CWP-2018

The application is allowed and succession certificate (Annexure P- 10) is taken on record, subject to all just exceptions.

CWP No.20959 of 2013

Preface:

The controversy that arose in the present petition could have been clearly avoided by the concerned respondent No.3, had the respondent No.3 applied the law governed the parties and also pronounced by the Apex Court authoritatively way back in the year 1984 in the case of Smt. Sarbati Devi and another versus Smt. Usha Devi, AIR 1984 Supreme Court, 346. It has been found that in large number of cases the beneficiaries are put to harassment, avoidable litigation caused either because of the faulty rules/regulations/schemes running contrary to the law of succession by which the parties are governed or due to the tendency to avoid taking a decision in accordance with law by projecting preposterous and unacceptable reasons. The case at hand is one such handled by respondent No.3 connected with Army.

Facts:

1. Lance Naik Gurpreet Singh of 55 Engineer Regiment C/o 56 APO, in the Indian Army, while on leave unfortunately met with an accident and accidental death on 06.02.2013. He had nominated his mo