Pankaj Kumar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11189 of 2015 =========================================================== Pankaj Kumar Verma son of Prabhakar Pd. Verma resident of Mohalla- Azad Road Chandwara, P.S.- Chandwara, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna

2. The Principal Secretary, Old Secretariat, Finance Department (Audit), Patna

3. The District Provident Fund Officer, Muzaffarpur

4. The District Provident Fund Officer, Panth Bhawn, Patna

5. The District Provident Fund Officer, Saran (Chapra)

6. The Accountant General, Bihar, Patna

7. Deputy Accountant Controller, Finance Department, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Arvind Kumar, Advocate For the State : Mr. Ajay Bihari Sinha, SC 19 with Mr. Suryakant Kumar, AC to SC 19 For the Accountant General : Mr. Ranjan Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 01-12-2015 Heard learned counsel for the parties.

The petitioner claims to be the nephew of the deceased Govind Prasad Verma and seeks a direction upon the respondents to pay all his retiral dues. Copy of document has also been brought on

Patna High Court CWJC No.11189 of 2015 dt.01-12-2015 2/2 record to indicate that he was made nominee in the Provident Fund account of the late employee (Annexure-1).

From the counter affidavit filed on behalf of respondents, it transpires that there is no document available in the office to show the relationship of the petitioner with the deceased employee and further it has also been categorically stated that no such nomination paper is available in the records of the Department. Thus, succession certificate has been asked from the petitioner as well as the sister-inlaw ('bhabhi') of the deceased employee. Considering the aforementioned facts and submissions of learned counsel for the parties, the Court cannot fault the stand of the respondents in asking for succession certificate from the persons who claim to be the heirs of late Govind Prasad Verma. Accordingly, no relief can be granted in the present writ application in the absence of the petitioner and other claimants complying with the requirement of submitting succession certificate before the authorities. Writ petition stands disposed off with liberty to the petitioner to comply with such direction.

(Ahsanuddin Amanullah, J) Anjani/- U