BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08/09/2011 CORAM THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.(MD)No.9407 of 2007 G.Shankarammal ... Petitioner Vs. The Post Master, Palayamkottai Head Post Office, Tiruneveli-627002. ... Respondent PRAYER Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the respondent in No.H/SB/Claim/dlgs/0607, dated 28.02.2007 and to quash the same and directing the respondent to disburse the amount of Rs.6,800/- payable towards National Savings Certificates issued by the respondent, to the petitioner with interest. !For Petitioner ... Mr.P.Jeyapaul ^For Respondents ... No appearance :ORDER
The petitioner has approached this court, with a prayer, for issuance of a
writ, in the nature of certiorari, to quash the order, dated 28th February 2007,
passed by the Post Master, Palyamkottai Head Office, Tirunelveli, which reads as
under:-
"DEPARTMENT OF POSTS, INDIA From, To, Postmaster, G.Sankarammal PALAYAMKOTTAI H.O No.4A, Perumal East Car Street, 627 002. Tirunelveli Town 627 006.
No.H/SB/Claim/clgs/06-07 dated at Tirunelveli 627002 the 28.02.2007.
Sir/Madam,
The claim application submitted by you along with other documents are
returned herewith. In this case, nomination has been registered. Preference
will be given only to the nominee over all other persons taking claim while
settling such claims, where nomination exits.”
2.The petitioner is the mother of Late G.Balasomasundaram, who was working
as a ‘Clerk’ with the Tamil Nadu Civil Supplies Corporation Ltd., Tirunelveli
Region, and died, on 7th January 2000, while in service.
3.The petitioner, being a only legal-heir of the deceased son, applied for
disbursement of death benefits and family pension, on 25th January 2000 to the
employer. On receipt of the application, the petitioner was informed that her
son had shown one Tmt.Mallika, as his nominee, being the wife. The petitioner
was also advised to get a succession certificate. The petitioner applied for
succession certificate, which was granted by the learned Assistant Subordinate
Judge, on 28.09.2001, and was further extended to include the dues under
National Savings Certificate, on 3rd July 2004.
4.On the basis of the succession certificate, the petitioner applied to
the employer for grant of pensionary benefits, which were granted.
5.When, request was made to the respondent, for release of amount, under
the National Savings Certificate, it was declined, vide the impugned order.
6.The stand of the respondent, in the counter is that Tmt.Mallika (wife),
is shown to be nominee, of the deceased, Sri.G.Balasomasundaram, therefore, the
Post Office is to give preference, to the nominee over the other persons,
staking claim, to the amount.
7.It is also pleaded that under section 8(1) of the National Savings
Certificate Act, the Post office is entitled to full discharge on payment to the
nominee, therefore, it is the nominee alone, who is entitled to receive the
amount due under the National Savings Certificate.
8.On consideration, I find that the stand of the respondent cannot be
accepted.
9.It can not be disputed, that on payment to the nominee, the liability of
the Post Office stands discharged, but it is not the case, that the nominee had
been released the payment, as the payment due is still lying with the post
office.
10.It is rightly pleaded in the counter, that the amount in the hands of
the nominee is also for the benefit of the legal heirs, and the limited right
with the nominee is to receive the payment on behalf all the legal heirs and
discharge the post office of its liability.
11.On receipt of payment, the nominee is answerable to the legal
representative, and also pay their share of benefits out of amount, so received.
Once Tmt.Mallika has not staked any claim to the amount, and a succession
certificate stands issued in favour of the petitioner, with regard to amount
deposited with the post office, there is absolutely no justification, with the
respondent to withhold the amount. The post office is bound by the succession
certificate issued by competent court of jurisdiction.
12.For the reasons stated, the impugned order cannot be sustained in law.
13.Consequently, the writ petition is allowed. The impugned order is set
aside, and a writ in the nature of mandamus, is issued directing the respondent,
to release the payment due, under National Savings Certificate to the
petitioner.
No costs.
er