T.P.S. Mann, J. - (1.) THE petitioner has prayed for issuance of a writ in the nature of certiorari so as to seek quashing of letter dated 4.5.2007, issued by Sub Post Master, BSF Campus Post Office, Jalandhar Cantt. Distt. Jalandhar, whereby the petitioner was asked to produce succession certificate from the competent Court of law for the purpose of obtaining the amount invested by her late father by way of Kisan Vikas Patras.
(2.) THE petitioner has submitted that Sh. Romesh Chander Jain was working in BSF Sr. Secondary School, Jalandhar Cantt, Distt. Jalandhar as a teacher. On 14.10.2001, he met with an accident and passed away. Thereafter, his widow Smt. Kanta Rani Jain and mother Smt. Tarawanti also expired. The petitioner, who is the only daughter of Sh. Romesh Chander Jain and Smt. Kanta Rani Jain applied to the Collector, Patiala for the issuance of legal heir certificate, which was granted to her on 22.9.2005 (Annexure PI). On the basis of the same, the petitioner applied to the School authorities for the release of death -cum -retirement benefits of Romesh Chander Jain. She also furnished legal heir certificate in support of her claim. It was learnt that during his life time, Romesh Chander Jain had invested various amounts by way of Kisan Vikas Patras and which on maturity were payable to him. However, the said amount stood secured with the Principal, BSF Sr. Secondary School, Jalandhar Cantt. On 8.11.2006, the Principal released the security of the Kisan Vikas Patras in favour of the petitioner (Annexure P -6). In spite of the same, Sub Post Master, BSF Campus Post Office, Jalandhar Cantt. did not release the payment to the petitioner on the ground that the maturity amount due on Kisan Vikas Patras exceeded. Rs. one lac and, thus, she was required to produce succession certificate from the Court of law and only thereafter her claim would settled. As per the Rules of the Department of Posts relating to settlement of deceased claim cases, the competent authority can sanction the claim without production of legal evidence, in case the claim does not exceed to Rs. one lac. However, as in the present case, the Kisan Vikas Patras, which were issued in the name of late father of the petitioner were having majority value of more than Rs. on lac, the same could be released only on production of legal evidence by the petitioner. In para -2 of the preliminary objections in the written statement filed by the respondents, it has been 'admitted that the claimant is required to produce necessary legal evidence before the amount can be released in her favour. Such legal evidence would consist of succession certificate, probate of will or letters of administration from the deceased, etc. It is, thus, clear that any such document declaring the petitioner to be the legal heir of the investor can be sufficient sanction the claim -
(3.) THE stand of the petitioner is that she is the only legal heir of her late father Sh. Romesh Chander Jain. This stand has not been specifically denied by the respondents. The only stand taken by them is that in case she is the only natural heir of the deceased, she should submit the necessary succession certificate in her favour. The petitioner has already obtained legal heir certificate from the Collector, Patiala (Annexure P1). This certificate issued by the authorities is sufficient legal evidence in favour of the petitioner so as to seek the sanctioning of the claim in her favour. Moreover, while describing the legal evidence required to be produced by the claimant, the respondents have only explained various forms in which it may be available, i.e. by way of succession certificate, probate or will or letters of administration from the deceased and such other evidence, which would be considered to be sufficient to indicate that the petitioner was the only heir so as to seek the settlement of the claim in respect of her late father.;