ORDER

CHANDRA DHARI SINGH, J (Oral)

CM APPL. 4254/2024 (Exemption)

Exemption allowed subject to just exceptions.

The application stands disposed of.

W.P.(C) 1031/2024

1. The instant writ petition under Articles 226/227 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs: -

"i) To pass a writ of Mandamus thereby directing respondent no.3 to set aside the order dated 20/11/2023 ii) To pass a writ of Mandamus by way of directing the respondent no.2 & 3 to release the gratuity/family pension, GPF, Insurance, Encashment of leave etc and all other benefits of the deceased husband of the petitioner on the basis of surviving member certificate (SMC) issued vide certificate no. 90660000209520 in favour of the petitioner and his minor daughter.

iii) Pass any such writ/order or direction, as is deemed fit and proper under the facts and circumstances of the case."

2. The relevant facts necessary for the adjudication of the instant petition are as follows:

a. The petitioner is the wife of the deceased namely Late Sh. Manoj Kumar. The petitioner’s husband/Late Shri Manoj Kumar was working as Assistant Section Officer in Ministry of Labour & Employment, Chief Labour Commissioner Office, New Delhi/

respondent no. 3.

b. On 28th April 2022 the husband of the petitioner passed away and the death certificate was issued on 4th of June 2022. Subsequently the petitioner obtained the surviving member certificate from the office of District Magistrate on 25th October 2023. Since the father and mother of Late Sh. Manoj Kumar had already deceased, the petitioner being his Class I Legal Heirs survival member submitted to the respondent no. 3 an application seeking release of retiral/terminal benefit i.e. payment of gratuity, GPF, Insurance, Encashment of Leave and Family Pension etc on 30th October 2023.

c. The respondent no.3 passed the impugned order dated 20th November, 2023 objecting to the petitioner’s request for want of succession certificate and requested the petitioner to submit the succession certificate and not the survival member certificate.

d. Therefore, being aggrieved by the impugned order, the petitioner has assailed the same by way of the instant petition under Article 226/227 of the Constitution of India.

3. The learned counsel on behalf of the petitioner has submitted that impugned order is passed in total violation of the petitioner’s legal rights since the petitioner has already furnished surviving member certificate issued in the favour of the petitioner and her daughter by the Office of the District Magistrate. Hence, there is no need to furnished Succession Certificate which the respondent no. 3 is seeking to be furnished by the petitioner.

4. It is submitted that the impugned order seeking submission of succession certificate when surviving member certificate is already submitted is arbitrary and is in violation of petitioner’s fundamental right conferred under Article 21 of the Constitution of Inda.

5. It is submitted that the demand of submitting succession certificate by the Respondent no. 3 is arbitrary, unfair and unjust and therefore, violates the ‘reasonable, fair and just’ procedure provided and protected under law.

6. It is submitted that there is no alternative efficacious remedy is available with the petitioner.

7. In light of the foregoing submissions, the learned counsel appearing on behalf of the petitioner seeks that the instant petition may be allowed, and the reliefs be granted, as prayed.

8. Per contra, the learned counsel appearing on behalf of the respondent vehemently opposed the instant petition submitting to the effect that the impugned order has been passed after duly consideration of the facts and circumstances, and there is no illegality or infirmity thereto.

9. It is submitted that the respondents are acting as per the statutory rules and accordingly, it demanded the succession certificate vide the impugned order. Hence, the respondent did neither act contrary to any law nor vi