IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No.5100 of 2021

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Emrencia Kerketta, W/o Late Astik Munda, Village + P.O. Gamhariya, P.S. Baharagora, District East Singhbhum, presently residing at House No.166, New Baradwari, P.O. Sakchi, P.S. Sakchi, Town Jamshedpur, District East Singhbhum. … … Petitioner

Versus

1. The State of Jharkhand, through the Secretary, Home

Department, having its office at Project Building, P.O. Hatia,

P.S. Dhurwa, District Ranchi.

2. Deputy Inspector General, South Chotanagpur Division,

Hazaribagh, P.O., P.S. & District Hazaribagh.

3. Deputy Inspector General (Budget), Jharkhand, having its

office at Project Building, P.O. Hatia, P.S. Dhurwa, District

Ranchi.

4. Superintendent of Police, Chatra, having his office at P.O., P.S.

& District Chatra-825401.

5. Principal Accountant General (A&E), Jharkhand, having its

Office at P.O. Doranda, P.S. Doranda, District Ranchi-834002.

… … Respondents

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Deepak Kr. Sinha, Advocate

Mr. Janak Mishra, Advocate

Ms. Diksha Dwivedi, Advocate

For the Respondent(s): Mr. Divyam, AC to SC-IV

Mr. Rupesh Singh, Advocate

Mr. Jagdeesh, Advocate

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05/ 16.12.2025

Heard learned counsel representing the petitioner and

learned counsel representing the respondents.

2. It is the grievance of the petitioner that in spite of having Succession Certificate obtained from the Court of Civil Jurisdiction i.e. the District Judge-I, East Singhbhum, Jamshedpur, in Succession Certificate Case No.37 of 2015, filed under Section 372 of the Indian Succession Act, 1925, a settlement due of Rs.10,00,000/- (Rupees Ten Lakh), has not been disbursed to the

petitioner. She also claims interest.

3. Learned counsel representing the petitioner submits that the Succession Certificate was issued to the petitioner in view of the letter which was addressed to this petitioner vide Memo No.128/Pension dated 11.07.2015, issued by the Superintendent of Police, Chatra. He further submits that the petitioner is entitled for the aforesaid settlement due of Rs.10 lakh, along with the interest, which the respondents have illegally withheld.

4. The petitioner’s counsel submits that though the respondent – State (employer) has already recommended payment of Rs.10 lakh, in favour of the petitioner, but it is the Senior Accounts Officer in the Office of the Principal Accountant General (A & E), Jharkhand, under whose signature the Letter dated 05.03.2020 was issued, rejecting her claim, posing ground that since the petitioner is the third wife of the deceased, she is not entitled for the said benefit.

5. After hearing the parties, I find that the deceased - Astik Munda, was an employee of the Police Department. He was a Constable.

5.1. The settlement due of Rs.10 lakh is still lying with the Police Department at Chatra. The petitioner being the wife of late Astik Munda, claimed the said amount when respondent No.4 – Superintendent of Police, Chatra, vide Letter as contained in Memo No.128/Pension dated 11.07.2015, directed the petitioner to obtain a Succession Certificate.

5.2. The petitioner filed Succession Certificate Case No.37 of 2015, in terms of Section 372 of the Indian Succession Act, 1925.

The said Succession Certificate case was allowed by the District Judge-I, East Singhbhum, Jamshedpur, vide order dated 22.09.2018. The Court had ordered to issue Succession Certificate in favour of this petitioner with respect of the debts and securities amounting to Rs.10 lakh, along with accrued interest. A certified copy of order dated 22.09.2018 passed in Succession Certificate Case No.37 of 2015 has been annexed with this writ petition as Annexure-4.

6. After going through the order passed in Succession Certificate Case No.37 of 2015, I find that it was pleaded by this petitioner that the deceased – Astik Munda, was earlier married to one Lily Munda, who died issueless. After the death of Lily Munda, one Rukmini Munda, was kept in the house to look after the old parents of Astik Mun