- (1.) We have heard the learned counsel for the appellant, respondent No.1 as well as respondent No.11.
(2.) This intra-court appeal has been preferred by the writ petitioner-appellant assailing the decision dated 07.02.2019 rendered by a learned Single Judge of this Court in W.P.(S) No.6755 of 2018.
(3.) Short facts which would be necessary for consideration of the lis, stands enumerated as under: Admittedly, the father-in-law of the writ petitioner-appellant was an employee of the Central Coalfields Limited who died in harness. The mother-in-law, who was the nominee, could not get family pension and Coal Mines Provident Fund as she also died subsequently in the year 2008. Thereafter, the son of the deceased original employee, i.e., husband of the writ petitionerappellant, applied for payment of family pension as well as other dues accrued to his mother after death of his father. When he could not get it, he knocked at the door of this Court by filing W.P.(S) No.5865 of 2012 with a prayer for grant of family pension as well as other dues which had accrued to his deceased mother after the death of his father, i.e., the original employee, who died in harness as stated above. However, the writ petition was dismissed on 29.06.2017 chiefly on two grounds, as has been noticed by the learned Single Judge in the order impugned. First was that the petitioner did not produce the succession certificate and the other was that all the legal heirs were not made party respondents. Subsequently, the husband of the writ petitionerappellant also died that had led her to agitate her grievance for payment of dues which had accrued in favour of her mother-in- law, i.e., widow of the original employee of Central Coalfields Limited. When she was asked to produce succession certificate, she filed the writ petition challenging such direction. The learned Single Judge, after hearing the parties and considering the materials available on record, dismissed the writ petition holding that the writ petitioner is not the only legal heir upon whom the entire estate will devolve. Thus, she must obtain a succession certificate from a court of competent jurisdiction. Hence, this appeal has been preferred. ;