Supreme Court - Daily Orders
Sadhana Agrawal vs Union Of India . on 10 August, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Uday Umesh Lalit
SLP(C) NO. 4389 of 2007
ITEM NO.201 COURT NO.7 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 4389/2007
(Arising out of impugned final judgment and order dated 16/10/2006
in LPA No. 513/2005 passed by the High Court of Jharkhand at
Ranchi)
SADHANA AGRAWAL Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With prayer for interim relief and office report)
[FOR FINAL DISPOSAL]
Date : 10/08/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Ansar Ahmad Chaudhary, A.O.R.
Mr. Manish Kumar, Adv.
Ms. Shehla Chaudhary, Adv.
For Respondent(s)
For RR 2-5 Mr. Abhijat P. Medh, A.O.R.(NP)
For RR 6-8 Mr. Rajinder Mathur, A.O.R.(NP)
UPON hearing counsel the Court made the following
O R D E R
Despite service of notice and having entered appearance, nobody is present for the respondents when the matter was taken up for hearing. Signature Not Verified
The petitioner is the wife of the deceased Digitally signed by Kalyani Gupta Date: 2015.08.11 17:48:26 IST Reason: employee by name Late Avdhesh Kumar. He was PAGE NO. 1 of 3 SLP(C) NO. 4389 of 2007 employed by the Bharat Sanchar Nigam Limited in the office of the fourth respondent. The respondent No.6 is the mother of the deceased and respondent Nos. 7 and 8 are stated to be the daughter and son of the deceased.
When the petitioner approached the official respondents for settlement of the death benefits of late Avdhesh Kumar, the petitioner was advised by the employer-respondent to get Succession Certificate in the light of the objections raised on behalf of respondent Nos. 6, 7 and 8. It was in those circumstances, by the impugned order, the High Court directed the petitioner to obtain Succession Certificate to work out her remedies. In fact, it is stated that the petitioner is in receipt of the Family Pension as on date. As rightly pointed out by the High Court, the petitioner should get the necessary Succession Certificate and thereafter approach respondent Nos. 1 to 5 for the settlement of the after death benefits of her late husband Avdhesh Kumar.
We are not therefore, inclined to interfere with the order impugned in this Special Leave Petition.
PAGE NO. 2 of 3 SLP(C) NO. 4389 of 2007 In the event of the petitioner approaching the appropriate Forum for issuance of Succession Certificate, we only state that such Forum shall consider the petitioner's application and determine the rights of the petitioner for issuance of Succession Certificate in accordance with law and pass final orders within six months from the date the petitioner approaches the appropriate Forum.
The Special Leave Petition stands disposed of on the above terms.
[KALYANI GUPTA] [SHARDA KAPOOR]
COURT MASTER COURT MASTER
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