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IN THE HIGH COURT OF ALLAHABAD
J.J. Munir, J.
Mukti Nath Giri and Another – Petitioners
Versus
State of U.P. and Others – Respondents
Civil Misc. Writ Petition No. 58281 of 2014
Decided On : 12-04-2024
Succession - Retiral Dues - Indian Succession Act, 1925 (Sections 372) - The court interpreted the provisions of the Indian Succession Act regarding succession certificates and the implications of nominations in service records, concluding that the first petitioner, as the deceased's recorded nominee, was entitled to the benefits despite the second marriage claim.
Fact of the Case:
The petitioners sought a writ for the release of retiral dues of Smt. Durgawati Giri, a deceased police constable, claiming entitlement based on her service records and nomination, amidst disputes over her marital status and succession rights.
Finding of the Court:
The court found that the deceased's service records named the first petitioner as her husband, and the second marriage to Srivastava was not legally valid due to lack of divorce, thus entitling the first petitioner to the retiral benefits.
Issues: The main issues revolved around the validity of the second marriage, the rightful claimant to the retiral dues, and the jurisdiction of the court in succession matters.
Ratio Decidendi: The court held that a succession certificate does not confer beneficial interest and that the nominee's rights are subject to the claims of lawful heirs, emphasizing the importance of service records in determining entitlement.
Result: The petition was dismissed, with no relief granted to the petitioners.
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:
3. The petitioners applied for the grant of a succession certificate to the Civil Judge (Sr. Div.), Deoria under Section 372 of the Indian Succession Act, 1925 (for short, 'the Succession Act'). The petitioners' case was registered as Case No. 146 of 1999. It appears that one Rakesh Bihari Srivastava, his sons Anand and Vikas, and daughter Pragati, claimed to be Smt. Durgwati's husband and children, respectively. It appears that Rakesh Bihari Srivastava had come up with a case that Durgawati had a child marriage with Mukti Nath Giri, but after attaining majority, she had secured a divorce from him. She married a second time Rakesh Bihari Srivastava and had three children born of the wedlock with Srivastava. She had made an application before the Superintendent of Police, Hardoi on 1.7.1991, informing him of her child marriage to the first petitioner, Giri and her divorce with him upon attaining majority. She also intimated the S.P. of the fact of her second marriage to Srivastava.
4. The narration of facts would be truncated if not taken note of that the respondents came up with a case that on 1.7.1991, Smt. Durgawati Giri, who was suffering from cancer at the time, made a request to the Superintendent of Police, Hardoi vide her application dated 1.7.1991 that she wants to nominate Rakesh Bihari Srivastava as her nominee in service records, and, that he alone should be paid her terminal dues in the event of her demise. It appears that Smt. Durgawati Giri died shortly after making the last mentioned application. She died on 9.7.1991. Considering the application made by the deceased constable on 1.7.1991 to the S.P., Hardoi, the Superintendent of Police, Deoria, the Station House Officer, Kotwali Hardoi and the Superintendent of Police, Hardoi sought necessary directions on 16.9.1991 from the U.P. Police Headquarters, Allahabad (now Prayagraj). The Police Headquarters, after scrutinizing the matter by a letter dated 13.9.1993, directed the Superintendent of Police, Hardoi that considering the dispute, payment of Durgawati's post retiral benefits be not made to anyone without the o
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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