1 W.P.(S) No. 1056 of 2020

IN THE HIGH COURT OF JHARKHAND, RANCHI

----

W.P.(S) No. 1056 of 2020

----

Seema Tiwari, aged about 47 years, wife of la

te Rambabu Tiwari, resident

of House No.103 Ward No.3, Shrikant Road, Belabagan, Deoghar, PO, PS

and District Deoghar, Jharkhand

--

Versus

--

1.State of Jharkhan

d, through its Principal Secretary, Department of

Schol Education and Literacy, having its office at Project Bhawan,

Dhurwa, PO Dhurwa, PS Jaganathpur, District Ranchi

2.Director, Secondary Education, Department of Schol Education and

Literacy, Governm

ent of Jharkhand, having its office at Project Bhawan,

Dhurwa, PO Dhurwa, PS Jaganathpur, District Ranchi

3.Deputy Comissioner, Deoghar, having its office at PO, PS and District

Deoghar

4.District Education Officer,Deoghar, having its office at PO, PS

and District

Deoghar

5.Districrt Superintendent of Education, Deoghar, having its office at PO,

PS and District Deoghar

6.Incharge Headmaster, Government High Schol, Koididih, Deoghar, PO

Koiridih, PS and District Deoghar

7.Treasury Officer, Deoghar,

having its ofice at PO, PS and District

Deoghar, Jharkhand

----

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioner

: - Mr.

Ajay Singh, Advocate

For Resp.

- State :

- Mr. Sh

ivam Sahay, Advocate

----

4 /20.01.2021

Heard

Mr. Ajay Singh, the learned counsel for the petitioner

and Mr. Shivam Sahay, the learned counsel for the State.

This writ petition has ben heard through Video

Conferencing in view of the

guidelines of the High Court taking into

acount the situation arising due to COVID

- 19 pandemic. None of the

parties have complained about any technical snag of audio

- video and

with their consent this matter has been heard.

The present writ petition ha

s ben filed for payment of

2 W.P.(S) No. 1056 of 2020

share of death cum retiral benefits on acount of death of late Rambabu

Tiwari.

The counter affidavit has ben filed in this case by the

respondent no.4 wherein it has ben stated that one Rupa Kumari,

daughter of Rambabu T

iwari

from his first wife has also made claim

before the authorities for payment of death cum retiral benefits of her

deceased father and due to dispute amongst the petitioner and her step

daughter the District Education Officer Deogahr has asked for suce

ssion

certificate from the petitioner.

The petitioner has submitted her claim for death cum retiral

benefits on the basis of family certificate issued by the Circle Officer,

Deoghar. The admitted retiral dues were sanctioned by the competent

authority

with direction to distribute the same amongst the legal heirs of

the deceased employee. It was further directed by the then District

Education Officer to pay the amount to the legal heirs of late Rambabu

Tiwari but no one of them submitted their required

bank acount number.

The petitioner was directed to produce the sucession certificate.

In view of the facts disclosed in the counter affidavit, it

transpires that there are two claims for such payment and the

department has rightly asked for producin

g the sucession certificate.

The petitioner is at liberty to obtain the sucession certificate from the

competent court of law thereafter aproach the authority concerned for

the needful. On production of the sucession certificate the authority

concerned

shal examine the mat

t er afresh and wil pass the apropriate

reasoned order.

With the above observation and direction, the instant writ

petition stands disposed of.