Patna High Court
Rohit Kumar vs The Municipal Commissioner, Patna ... on 3 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13533 of 2023
======================================================
Rohit Kumar Son of Late Ram Chandra Resident of Mohalla- East Lohanipur,
Bhushan Gali, Police Station- Kadamkuan, District- Patna.
... ... Petitioner/s
Versus
1. The Municipal Commissioner, Patna Municipal Corporation Patna.
2. The Executive Officer, Bankipur Circle, Patna, Municipal Corporation,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar, Adv.
For the Respondent/s : Mr. Sanjay Prakash Verma, Adv.
=======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 03-01-2024
Heard Mr. Avinash Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Sanjay Prakash
Verma, learned counsel for the Patna Municipal Corporation.
2. The petitioner is claiming himself to be adopted
son of the deceased employee namely, Ram Chandra, who died
on 23.12.2007, while working as 4th Grade employee in the
Patna Municipal Corporation, has filed the present writ petition
seeking a direction upon the respondents to ensure the payment
of all the death-cum-retiral dues of the late Ram Chandra.
3. It is submitted on behalf of the petitioner that late
Ram Chandra was suffering from several ailments, therefore, in
his life time on 10.12.2007 he filed an application before the
Executive Officer, Bankipur Circle, Patna Municipal
Patna High Court CWJC No.13533 of 2023 dt.03-01-2024
2/4
Corporation stating therein to consider the claim of the
petitioner for appointment in place of him. Further, late Ram
Chandra taking note of his physical condition had also executed
an adoption deed in favour of the petitioner, copy of which has
been brought on record vide Annexure-3 to the writ petition.
Needless to observe soon after the execution of the adoption
deed on 19.12.2007 the erstwhile employee died on 23.12.2007.
4. In support of the claim of the petitioner, a
succession certificate dated 04.07.2018 has also been brought on
record, copy of which is marked as Annexure-4 to the writ
petition. He next submits that despite the valid registered
adoption deed and succession certificate in his favour, the
respondent-Patna Municipal Corporation is sitting tight over the
matter and did not accord the admissible entitlement of his late
father.
5. A counter affidavit has been filed on behalf of the
respondent Nos. 1 and 2. It is averred that after the death of the
deceased employee, Ram Chandra, an application has been
submitted by the elder sister namely, Most. Lakshmi Devi
stating therein that her brother was unmarried and lived with her
and she along with her children had been taking care of him
throughout his life time. The sister of the deceased employee
Patna High Court CWJC No.13533 of 2023 dt.03-01-2024
3/4
has also submitted two affidavits duly sworn by her along with
family description and other documents and claimed for
payment of entire death-cum-retiral dues of her deceased
brother.
6. Considering the claim of the sister of the
deceased, the concerned authority vide letter No. 2121 dated
30.10.2023
directed Mostt. Lakshmi Devi to produce the
Succession Certificate issued from the competent court in her
favour. However, the fact is, on account of rival claim by both
the parties, projecting themselves as legal heirs, the claim of
terminal benefits could not be settled.
7. This Court has heard the learned counsel for the
respective parties and also perused the materials available on
record. Considering the rival claim of the petitioner qua the
sister of the deceased employee, this Court deems it fit and
proper to relegate the matter before the respondent No. 2, who
shall issue notice to both the petitioner as well as the sister of
the deceased employee namely, Most. Lakshmi Devi and will
further direct them to produce valid legal documents in support
of their claim within stipulated period. After proper verification
and examination of the documents/certificates, the respondent
No. 2 shall pass necessary order for payment of death-cum-
Patna High Court CWJC No.13533 of 2023 dt.03-01-2024
retiral beneifts in accordance with law.
8. The entire exercise must be completed within a
period of 12 weeks from the date of receipt/production of a copy
of this order.
9. The writ petition stands disposed of with the
aforementioned observations and directions.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 08.01.2024
Transmission Date
