High Court Patna High Court - Orders

Deepti Pandey vs The State Of Bihar & Ors on 20 September, 2011

Patna High Court – Orders
Deepti Pandey vs The State Of Bihar & Ors on 20 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Civil Writ Jurisdiction Case No.5216 of 2008

                     Deepti Pandey , Daughter of Late Manju Jaiswal @ Manju
                     Kumari Jaiswal, C/O Sri Vidya Nand Tiwari, resident of
                     Mohalla- Yogia Toli(Yarpur), Post Office- G.P.O. , Patna,
                     Police Station-Gardanibag, District-Patna --------Petitioner
                                               Versus

                  1. The State Of Bihar through Chief Secretary, Bihar, Patna
                  2. The Chairman, Bihar Legislative Council, Patna
                  3. The Secretary, Bihar Legislative Council, Patna
                  4. The Deputy Secretary, Bihar Legislative Council, Patna
                  5. The Accountant General, Bihar, Patna
                                                    ---------------------- Respondents.

                                    ----------------------------------

03 20-09-2011 Heard Sri Kumar Brijendra Nath, who was assisted by

Sri Arun Kumar Pandey, learned counsel for the petitioner, learned

counsel appearing on behalf of Respondent nos. 2 to 4/ Bihar

Legislative Council and Sri Ramkinkar Choubey, learned counsel

appearing on behalf of Respondent no.5/ Accountant General,

Bihar, Patna. None appeared on behalf of Respondent no.1/ State.

The present writ petition has been filed with a prayer to

quash an order dated 24.10.2007 passed by the Respondent no.4/

Dy. Secretary, Bihar Legislative Council, Patna. It has further been

prayed to direct the Respondents to pay the death-cum- retiral

benefit of Late Manju Jaiswal @ Manju Kumari Jaiswal to the

petitioner. It is not in dispute that the petitioner is the daughter of

one Arun Kumar Pandey and Smt. Surya Prabha Pandey , who were

her natural guardian .The petitioner has claimed that she was

adopted by Manju Jaiswal, who was Assistant in the Bihar

Legislative Council,Patna and she died on 05.08.2006 while in
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service. The petitioner has claimed that she was adopted by Manju

Jaiswal , while she was only typist in the Bihar Legislative Council .

After the death of the employee, the petitioner being her adopted

daughter applied for payment of death-cum- retiral dues. However,

the Respondent no.4/ Dy. Secretary, Bihar Legislative Council

instead of granting the benefit vide Annexure-2 to the writ petition

has directed the petitioner to produce succession certificate.

Learned counsel for the petitioner has drawn my

attention to the enclosures of Annexure-3 to the petition, particularly

at page-19. It was submitted that the deceased employee had

nominated the petitioner for claiming the amount under the head of

group insurance. It has been argued that since the petitioner was

made nominee by the deceased employee under the scheme of group

insurance, the petitioner was entitled to get at least the amount under

the head of group insurance and she is also entitled to get all the

death-cum- retiral dues of deceased employee. Accordingly, it has

been argued that Annexure-2 was issued without any basis and only

with a view to defer the claim of the petitioner regarding death-cum-

retiral dues of deceased employee. Learned counsel for the

petitioner has heavily relied on the scheme of group insurance and

has prayed that as per the scheme as well as being nominee, the

petitioner is entitled to get the amount under the head of group

insurance.

In this case, a counter affidavit has been filed on behalf

of Respondent nos. 2 to 4. In its counter affidavit, it has been

categorically stated that for death-cum- retiral dues at least three
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claimants had approached the Respondents. The petitioner after the

death of the deceased employee had filed an application for death-

cum- retiral dues and also for her appointment on compassionate

ground. Representation of the petitioner has been brought on record

as Annexure-D to the counter affidavit. The Respondents has further

stated that after the death of the employee , one Shreya Suman had

filed an application on 01.09.2006 and had claimed pension,

gratuity, group insurance etc. on behalf of the deceased ( Manju

Jaiswal @ Manju Kumari Jaiswal. Similarly, the father of the

deceased employee, namely, Bashishth Choudhary had also claimed

for all death-cum- retiral dues of the deceased employee and, as

such, since there was serious dispute regarding the claim of death-

cum- retiral dues of the deceased employee, the Respondent no.4

has rightly asked the person concerned to produce succession

certificate. It has been argued by learned counsel for the Respondent

nos. 2 to 4 that in view of the facts and circumstances, particularly

number of claimants, the Respondent no.4 has rightly issued

Annexure-2 to the petition, which requires no interference.

Besides hearing learned counsel for the parties, I have

also perused the materials available on record. It is true that the

nomination paper, which has been brought as enclosure to

Annexure-3 to the petition, the petitioner’s name has been

mentioned as nominee to the claimed amount under the group

insurance scheme. The fact remains that the present writ petition has

not been filed only for the purpose for direction to make payment of

the amount of group insurance, but the petitioner has claimed for
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making payment of death-cum- retiral dues of the deceased

employee and compassionate appointment.

In view of the different claimants, amongst them one of

the claimants is none else but own father of the deceased employee,

the Court is of the opinion that the Respondent no.4 has rightly

asked the parties to produce the succession certificate. Regarding

the claim of death-cum- retiral dues of deceased employee by way

of exercising writ jurisdiction, it would not be appropriate for this

Court to create a situation for generating litigation and disputes.

In view of the facts and circumstances, the Court is of the

opinion that no relief can be granted to the petitioner.

Accordingly, the writ petition stands dismissed.

( Rakesh Kumar, J.)
NKS/-