ORAL JUDGMENT

Date : 06-08-2024 Heard the parties.

2. The petitioner is the adopted daughter of late Kamrun Khatoon who died in harness on 05.12.2018, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondents especially respondent no. 2, the District Magistrate, Begusarai to sanction all the death-cum-retiral benefits, including pension, gratuity, leave encashment, provident fund accumulation, group insurance and other dues.

3. Learned Advocate for the petitioner contended that the mother of the petitioner died in harness on 05.12.2018 while working as Office Peon in the Office of Sub-Divisional Officer, Begusarai and later on posted in the office of Begusarai Block. The deceased mother of the petitioner was appointed on compassionate ground after the death of her husband late Md. Nizamuddin, who was working on the post of Peon in the office of Sub-Divisional Officer, Begusarai. The petitioner being adopted daughter of late Kamrun Khatoon (deceased mother) who died in harness on 05.12.2018 filed an application before the Sub-Divisional Officer, Begusarai on 25.06.2019, requesting for payment of all the terminal benefits of her mother, who died during her service period.

4. The SDO, Begusarai vide its letter no. 1107 dated

15.07.2019 directed the Circle Officer, Begusarai to issue a family list/certificate in order to ensure payment of all the retirement benefits and other dues. Despite the application filed by the petitioner, when she has not been accorded the terminal- cum-retiral benefits of her mother, she again filed another representation along with all the necessary documents, including the family lists certificate, the educational certificate issued by the Madarsa Education Board as well as the documents in relation to oral adoption. On receipt of the aforesaid letter, the SDO, Begusarai vide its letter no. 1821 dated 21.10.2019 directed the Circle Officer, Begusarai to minutely verify all the documents and submit a clear report so that the decision could be taken to accord the admissible death-cum-retirement benefits.

5. Pursuant thereto, the Circle Officer, Begusarai sought an enquiry report from the Revenue Clerk and accordingly, the Revenue Clerk submitted its enquiry report dated 20.11.2019. On verification, the local people/villagers admitted the factum of adoption of petitioner by late Kamrun Khatoon and her husband late Md. Nizamuddin. The Revenue Clerk also placed on record the declaration-cum-will executed before the Notary Public as well as Panchnama of Adoption Deed.

6. Despite all the correspondences, when the authorities did not accede to the prayer of the petitioner, she filed a Succession Case No. 02 of 2021 before the learned Sub Judge 1, Begusarai for grant of succession certificate. The learned Court vide its order dated 18.04.2023 declared the petitioner as successor of late Md. Nizamuddin in order for the Estates of late Md. Nizamuddin. Accordingly, the succession certificate has been issued in favour of the petitioner, the copy of which has been placed on record vide Annexure-P/5. 7. The petitioner having obtained the succession certificate produced the same before the concerned authorities, but no terminal/retiral benefits and other dues have been paid, compelling her to approach before this Court.

8. Adverting to the aforesaid facts, learned Advocate for the petitioner further contended that undoubtedly, the adopted child is as good as a natural child. The Bihar Pension Rules, 1950 and the notification issued time to time by the Government of Bihar through different departments made it clear that an adopted son or daughter comes within the definition of family under the liberalized pension rules. It is vehemently contended that where no records are available to satisfy the department as to whether the claimant is the widow/widower or eligible child of the concerned government servant, the succession certificate issued by a compet