IMPORTANT POINTS
(1) Succession certificate – Family pension is granted by virtue of status of a woman being legally-wedded wife – Direction of Writ Court to legally-wedded first wife of deceased employee to obtain succession certificate cannot be countenanced in law.
(2) Illegitimate child is also entitled to a share in property of his father.

JUDGMENT

Shree Chandrashekhar, A.C.J.—The appellant is aggrieved by the order dated 30th August 2023 passed in W.P.(S) No. 1534 of 2021.

2. The writ Court declined to issue a direction for payment of death-cum-retiral benefits to the appellant who is the wife of late Nand Kishore Ray on the ground that she is required to obtain a valid succession certificate from a civil Court of competent jurisdiction.

3. The writ Court took note of the letter dated 10th April 2019 issued by the Block Development Officer, Kairon whereunder he informed the Additional Collector at Deoghar that three ladies were making claim for retiral benefits and compassionate appointment.

4. The writ Court held as under:—

“5. As per the counter affidavit, one Sanju Devi also filed an application before the respondent no. 3 on 12.11.2018 claiming herself to be the daughter of Late Nand Kishor Ray from his second wife and put her claim over the death-cum-retiral benefits of her father. She has, however, fairly conceded in her application that Chinta Devi (the petitioner) is the first wife of Nand Kishor Ray (since deceased). Since there is a dispute between the parties regarding valid succession of the deceased, a succession certificate duly granted by the Civil Court is required to resolve the same forever. A co-ordinate Bench of this Court vide order dated 24.01.2019 passed in W.P.(S) No. 7725 of 2017 [Mithilesh Sundi Vs. The State of Jharkhand & Ors.] has issued direction to all the departments of the Government of Jharkhand that any application for compassionate appointment should be disposed of within a period of six months from the date of receipt of the same. However, due to the aforesaid reason, the Block Development Officer, Kairon is unable to make recommendation for payment of retrial dues as well as compassionate appointment to the valid successor of the deceased in compliance of the said direction of this Court, as would be evident from letter no. 337 dated 10.04.2019 issued by the said authority to the Additional Collector, Deoghar.

6. Learned counsel for the respondents

produces a copy of letter No. 337 dated 10.04.2019 issued by the Block Development Officer, Kairon to the Additional Collector, Deoghar and submits that

vide said letter, the Block Development

Officer, Kairon informed the Additional

Collector, Deoghar that after demise of Nand Kishor Ray on 19.10.2018, three ladies put forth their respective claim for retiral benefits as well as for compassionate appointment, however, the said issue could not be resolved due to the dispute of legal succession. As soon as the valid

successor is decided on the basis of mutual settlement among the parties and an application thereof is received, the same will be forwarded with due recommendation.

7. Having heard learned counsel for the parties and considering the aforesaid statement made in the counter affidavit, this Court is of the view that the petitioner’s claim for payment of death-cum-retiral benefits of her deceased husband in her favour is under dispute which cannot be decided under extraordinary writ jurisdiction of this Court

8. It is, however, observed that the petitioner/other lawful claimant(s) will be entitled to receive the admissible death-cum-other benefits with respect to Late Nand Kishor Ray only after the aforesaid dispute is amicably resolved or a succession certificate issued by the competent court is produced before the concerned authority.

9. The writ petition is accordingly disposed of.”

5. The appellant is aggrieved by the aforesaid direction of the writ Court that she is required to obtain a succession certificate.

6. Mr. Sanjay Prasad, the learned counsel for the appellant submits that once status of the appellant is not disputed that she is the legally-wedded first wife of the deceased employee, her claim for family pension and other retiral benefits cannot be denied.

7. By now this is well-settled that family pension is granted by virtue of status of the woman b