- (1.) 4- 11.5.2012 Heard learned counsel for theparties.
(2.) THE petitioner has moved this Court for a direction to the respondents to provide compassionate appointment to her as well as the retiral benefits of her step mother, who died, as per para 13 of the writ petition, in the month of August,2009. THE petitioner has failed to state even the date of death of the deceased employee and the post from which she retired, The respondents have appeared and filed their counter affidavit, in which they have categorically stated that the natural son of the deceased Keshari Mahtain has been granted compassionate appointment and retirement benefits have also been paid to him. It is also stated that the petitioner's name does not occur as a nominee in the service record of the deceased employee. The learned counsel for the petitioner has relied upon the provisions of Hindu Succession Act. On bare perusal of Sections 15 and 16 of the Hindu Succession Act, it appears that the petitioner does not come in the category of the heirs as enumerated in Section 15(1)(a). Moreover, as per Section 16, Rule 1, heirs specified in sub-section (1) of Section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously. Sections 15 and 16 are quoted herein below: "15. General rules of succession in the case of female Hindus.- (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,- (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; ? thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. (2) Notwithstanding anything contained in sub-section (1).- (a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre- deceased son or daughter), not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and (b) any property inherited by a female Hindu from her husband or from her Father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but from the heirs f the husband. 16. Order of succession and manner of distribution among heirs of a female Hindu.- The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate's property among those heirs shall take place, according to the following rules, namely.- Rule 1.-Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously. Rule 2.-If any son or daughter of the intestate had pre- deceased the intestate leaving his or her own children alive at the time of the intestate's death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living, at the intestate's death. Rule 3.-The devolution of the property of the intestate on the heirs referred to in clauses (b),(d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father's or the mother's or the husband's as the case may be, and such person had died intestate in respect thereof immediately after the intestate's death." Even though the case of the petitioner is accepted, the petitioner is falling under the category of heirs enumerated in sub-section (1)(b) of Section 15 being the heirs of the husband of the deceased female Hindu dying intestate. Therefore, in no way the petitioner has a legal claim either to the post retirement benefits of the deceased employee, who was her step-mother or to the claim of compassionate appointment.
(3.) ACCORDINGLY, this writ petition, having no merit, is dismissed.;