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J. J. MUNIR
Mukti Nath Giri – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition has been instituted by Mukti Nath Giri and his son Sunil Giri, praying that a writ in the nature of mandamus be issued, directing the respondents to release the entire retiral dues payable on account of the services of the Smt. Durgawati Giri, a Constable in the Police and payable to the petitioners. The retiral dues include the deceased's provident fund, group insurance, gratuity etc. They claim the aforesaid outstandings together with due interest. There is a further relief sought by the petitioners and that is to consider their claim for a compassionate appointment in accordance with rules, as Durgawati Giri died in harness.
2. The brief facts giving rise to this writ petition are these:
A succession certificate does not create beneficial interest; the nominee's rights are subject to the claims of lawful heirs, as established by service records.
The nomination in service records is decisive for entitlement to death-cum-retirement benefits, and a succession certificate does not confer beneficial interest.
The legitimacy of children born from a void marriage is recognized, and compassionate appointment cannot be denied based on the lack of a succession certificate.
Nominee status can impact succession claims; both marriages considered in succession certificate decision despite first marriage's validity.
Entitlement to family pension and succession benefits granted to the second wife, affirming her legal status as a widow under applicable pension rules, despite the opposition from children of the fir....
A second marriage during the subsistence of a first marriage is void, and nomination does not confer legal heir status.
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