- (1.) Heard counsel for the parties.
(2.) Petitioner claiming herself to be the widow of one late Samir Oraon has prayed for a direction upon the respondents - C.R.P.F authorities to pay death cum retiral benefits of the deceased-husband, who is said to have died in harness on 29.6.2010 in an ambush during naxal operation in Chattisgarh. She has also prayed for consideration of her case for appointment on compassionate grounds and for payment of family pension as well. Petitioner has obtained the succession certificate issued by the court of Principal District Judge, Gumla in Succession Case No. 30 of 2010 by the judgment dated 23.1.2013. The relevant paragraph of the judgment and the operative portion are being quoted herein below:-- "Para 9:- On behalf of O.P. Two witnesses have been examined, O.P.W.1 is Fulmania Devi who is O.P. No. 2 in this case has stated that Sameer Oraon was her son. He worked in C.R.P.F. He died on 29.6.2010 in an ambush incident of extremist. Petitioner was married with her son on 21.6.2009 at Jagarnathpur Mandir Nyas Samittee, Ranchi. She has stated that after the death of her son if Rs. 25,00,000/- is given to her daughter-in-law she has no objection as she lives with the petitioner. In the cross-examination this witness has deposed that her son had not taken any loan from Government and if the amount earned by her son is given to the petitioner she has no any objection. Likewise O.P.W. No. 2 Punia Oraon has also supported the case of the petitioner saying that if the amount earned by Sameer Oraon is given to the petitioner he and villagers have no any objection. Para 10:- On the basis of evidences on record it is therefore proved that the petitioner Saraswati Devi is the wife of Late Sameer Oraon and O.P. No. 2 Smt. Fulmania Devi W/o. Durku Oraon is the mother of the deceased. On the basis of evidences it is also proved that Durku Oraon father of the deceased is still alive but despite public notice dated 9.8.2012 issued in this regard he neither appeared nor made any objection. The service report of the Public notice is attached. The witnesses have deposed that marriage of the petitioner Saraswati Devi performed with Sameer Oraon in Jagarnathpur Mandir, Jagarnathpur Ranchi Nyas Samitte on 21.6.2009. Photo copy of the certificate is attached as Annexure-3 to this petition. The marriage has been performed according to Vedic Sashtra. It is therefore, proved that petitioner and Sameer Oraon followed Hindu religion. Para 11:- According to Hindu Succession Act mother and widow of the deceased are Class-I heir and in presence of Class -I heir Class-II heirs are excluded from inheritance. In view of the above facts I find that except petitioner and the O.P. No. 2 there is no any other Class-I heir of the deceased. Therefore, they are entitled to received 1/2 and 1/2 share in the state of the deceased Sameer Oraon. ORDER Let a Joint Succession certificate be issued in the name of Petitioner Saraswati Devi W/o. Late Sameer Oraon and O.P. No. 2 Smt. Fulmania Devi W/o. Durku Oraon U/s. 372 of the Indian Succession Act, 1925 in respect of the amount of Rs. 25,00,000/- (Rupees twenty five lacs) as shown in Schedule of the plaint. Both the heirs/L.R.S of the deceased are entitled to received Rs. 12.5 Lac each".
(3.) It is contended by learned counsel for the petitioner that despite issuance of the succession certificate declaring that petitioner and the mother of the deceased employee are entitled to half share of the amount of Rs. 25,00,000/-, as shown in the schedule of the plaint, the respondents have not yet disbursed the amount on wholly unsustainable ground. They have also taken a plea on the issue that succession certificate does not clarify as to whether the family pension is payable to the petitioner or not. It is submitted that the question relating to genuiness of the marriage of the petitioner with the deceased has also been raised which is wholly impermissible in law after a clear finding recorded by the learned Court below in the Succession case. Therefore, respondents may be directed to release the admissible amount and also consider the case for compassionate appointment apart from making payments of family pension to her. Reliance has been placed upon Rule 54 of the C.C.S. Pension Rule, 1972, as per which family pension is payable to the family of the deceased.;