The nomination in service records is decisive for entitlement to death-cum-retirement benefits, and a succession certificate does not confer beneficial interest.

JUDGMENT :

Hon'ble J.J. Munir, J.-The late Mohd. Rashid was appointed an Assistant Teacher in the Education Service of the State way back on 1.1.1990. He went on to hold the position of the Officiating Principal, Government Inter College, Kaulsena, Bulandshahr in course of time. He died in harness on 14.7.2020. The late Mohd. Rashid had a dependent family of five members, to wit, his wife, Rafat Naaz (petitioner No. 1), three sons, namely, Mohd. Rehan Khan, Mohd. Rakib Khan, Mohd. Raza Khan (petitioner No. 2) and a daughter Rafia Naaz. Rashid's death left his family, as they say, facing a huge financial crisis. They are virtually on the verge of starvation.

2. Rashid's widow, the first petitioner made an application, seeking compassionate appointment for her son, Mohd. Raza Khan, the second petitioner under the Dying-in-Harness Rules applicable. The other dependents of the deceased tendered their no objection through an affidavit dated 18.5.2021. This affidavit was submitted to the District Inspector of Schools, Bulandshahr (for short, 'the DIOS'). The District Magistrate, Bulandshahr issued a certificate dated 30.4.2021, certifying the identities of the family members of the deceased. The DIOS sent a letter dated 25.5.2021 to the first petitioner saying that the family membership certificate issued by the District Magistrate is valid for an entitlement of money up to the sum of Rs. 5000/- and, therefore, the first petitioner has to get a succession certificate in her favour from the Civil Court.

3. Anjum Parveen, who claimed herself to be the second wife of the deceased Rashid, addressed a letter dated 1.6.2021 to the District Magistrate, Bulandshahr, saying that Rashid had divorced the first petitioner in the year 2015. She was no longer his wife. Anjum, who is impleaded as the fifth respondent to the writ petition, requested the District Magistrate to direct the DIOS to stop proceeding with the first petitioner's claim for release of family pension or any other fund in her favour. The DIOS addressed a letter dated 22.2.2021 to the Principal, Government Inter College, Kaulsena, Bulandshahr, saying that no document was submitted by the fifth respondent, the deceased's alleged second wife to support her claim. He further said that petitioner No. 1 also failed to produce a succession certificate granted by the Civil Court. It was further remarked in his letter by the DIOS that in case within 30 days, no evidence were produced, Rashid's first wife, that is to say, the first petitioner would have to be treated as his successor. The Principal sent a letter dated 24.2.2021, jointly addressed to the first petitioner and the fifth respondent, Anjum, saying that till date no document had been submitted by either of them in support of their respective cases. In the event no document were received within 30 days, further proceedings would have to be undertaken, treating the first petitioner to be Rashid's successor. A letter dated 6.7.2021 was then addressed by the DIOS to the first petitioner, indicating the estimated figures of post retiral benefits, payable to her, including the family pension.

4. The first petitioner appears to have instituted a petition for the grant of a succession certificate in the Court of the Civil Judge (Sr. Div.), Bulandshahr, which is numbered as Case No. 83 of 2020. The fifth respondent has contested the first petitioner's case for grant of succession certificate. It is the case of the first petitioner that she is the lawfully wedded wife of Rashid, who had no other wife, besides her. He never divorced her nor he ever married Anjum. He resided with the first petitioner in the same house till his last breath. The fifth respondent had ulterior motive to come up with a baseless claim, saying that she was Rashid's second wife. The first petitioner has brought on record a host of representations that Rashid mad