SUNIL KUMAR SRIVASTAVA Vs. KRISHANA SHUKLA
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
SUNIL KUMAR SRIVASTAVA
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(1.)Leave is granted.
(2.)Heard learned counsel for the parties.
(3.)These appeals are directed against the orders of the High Court of judicature at allahabad dated 12/05/1999 in CMWP. No. 19545 of 1999 and dated 19/08/1999 in modification application no. 38853 of 1999. The appellant claims to be a legatee and the first respondent claims to be the wife of late Mr. P. C. Shukia who was working as deputy director, education, u. P. He had allegedly been killed on September 3, 1996. The 1st respondent, claiming to be the wife of late Shukia, approached the civil court and obtained succession certificate in her favour in regard to a sum of Rs. 88, 274. 00 representing his leave encashment amount. The appellant and one Kamal Kant Shukia purporting to be the legatees under an alleged Will of late P. C. Shukia, staked claim to all monetary benefits payable consequent upon his death. While so, the 1st respondent filed C. M. W. P. No. 19546 of 1999 in the high Court of Allahabad praying for a direction to the respondents therein, namely, state of U. P. , the deputy director, education and the mukhya lekha adhikari, shiksha nideshalya to release the entire pensionary benefits to her. On 12/05/1999 a division bench of the High Court allowed the writ petition and directed payment of the amounts claimed with 12 per cent interest to her within a period of two weeks from the date of the order. It was further directed that the respondent authority should take action after holding necessary enquiry against the officers who were responsible for default and the respondents were required to report compliance of the order.
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