Mohammad Rafiq, J. - (1.) This writ petition has been filed by Rakesh Kumar (minor) through his legal guardian grand-mother Smt. Kalawati with a prayer that the respondents be directed to pay amount of General Provident Fund of his father late Shri Manak Chand.
(2.) It is contended that while Shri Manak Chand was serving the respondents, he died while in service on 1/1/2000. At the time of death of late Shri Manak Chand, petitioner was aged 7 years old. Shri Manak Chand at the relevant time was posted as CCA-III at Maniya under the Assistant Engineer Jaipur Vidyut Vitaran Nigam Limited, Dholpur. Petitioner was taken in adoption by late Shri Manak Chand vide adoption deed dated 11/6/1997 which was duly registered. Petitioner claimed payment of terminal dues after death of his father late Shri Manak Chand through his legal guardian, grand-mother Smt. Kalawati. Respondents required the petitioner to obtain guardianship certificate from the competent court. Grand-mother of the petitioner applied and was granted the guardianship certificate pursuant to the order dated 6/1/2001 passed by the District Court, Dholpur. Certified copy of the same is placed on record.
(3.) Shri B.K. Sharma, learned counsel for the petitioner argued that it is the grand-mother who is pursuing the claim of the petitioner. Petitioner at the time of death of his father was 7 years of age and now he is 13 years. Respondents have this time illegally insisted the petitioner to produce succession certificate thereby delaying the payment of GPF amount.;