Digitally signed 2026:CGHC:15900 by SHAYNA KADRI NAFR

Order on Board

1. The petitioner has filed this writ petition seeking following reliefs:

“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by quashing the Impugned order dated 24.08.2021 (Annexure P-1) passed by the respondent no.2.

10.2 That this Hon'ble court may kindly be please to issue an appropriate writ by directing the respondent No. 3 to 4 to not provide any amount in favor of the respondent No. 5.

10.3 That the respondents may kindly be directed to consider and decide the representation of petitioner.

10.4 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”

2. Facts of the case, in brief, are that the petitioner, a minor citizen of India, has instituted the present petition through her grandmother, who is her lawful guardian and caretaker. Following the demise of the petitioner’s father, she is wholly dependent upon her grandmother for her livelihood and upbringing. The petitioner’s grandfather, Late Shri Gangadhar Sarthi, was employed as a Head Master and died in harness on 28.03.2010. Thereafter, the petitioner’s father, Shri Lal Bahadur Sarthi, applied for compassionate appointment with due consent of the family, including Smt. Bhagwati Bai. The competent department considered his application and granted him appointment to the post of Assistant Grade-II in the Education Department vide order dated 03.11.2011. During his service tenure, the petitioner’s father duly nominated the petitioner as his nominee in official service records. The said nomination was consistently reflected in all relevant documents, including the nomination forms submitted by him in February 2020, thereby recognizing the petitioner as the rightful beneficiary of his service benefits. Subsequently, Shri Lal Bahadur Sarthi fell ill and was admitted to the Community Health Centre, Lailunga, where he succumbed to his illness on 12.04.2020. After his demise, the department released an amount of Rs. 50,000/- as immediate financial assistance to the bereaved family, which was received through the petitioner’s grandmother. After the death of the petitioner’s father, respondent No. 5 surfaced and claimed herself to be the second wife of the deceased. She filed an application dated 26.02.2021 before the competent authority seeking issuance of a succession certificate and also applied for compassionate appointment. The petitioner contends that respondent No. 5 was never known to the family, did not participate in the last rites of the deceased, and has falsely asserted her status by allegedly producing forged and fabricated documents to claim rights over the deceased’s estate. Upon publication of notice in the said proceedings, the petitioner’s grandmother appeared before the concerned authority and filed detailed objections opposing the claim of respondent No. 5 for grant of succession certificate. The objections were duly submitted before the Sub-Divisional Officer. The Sub-Divisional Officer called for a report from the concerned Patwari, who submitted a report along with a Panchanama indicating respondent No. 5 as the second wife of the deceased and respondent No. 6 as their daughter. Thereafter, the learned Tahsildar recorded the statements of respondent No. 5 and her witnesses on 23.07.2021. However, the petitioner and her guardian were not afforded an opportunity to cross-examine the witnesses or present their case. It was recorded in the order sheet that the objector was absent, and based on the Patwari report, the matter was forwarded to the Court of Additional Collector for issuance of succession certificate. Notably, one of the witnesses, namely Ahilya Chauhan, stated that the alleged marriage took place on 12.04.2020, though no documentary proof of such marriage was produced. The learned Additional Collector, instead of issuing a certificate of legal heirs, proceeded to issue a succession c