Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
PETITIONER:
STATE OF BIHAR & ORS.
Vs.
RESPONDENT:
CHHANGUR PRASAD SETH
DATE OF JUDGMENT: 05/02/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (2) 294 1996 SCALE (2)217
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard the counsel for the parties. This
appeal by special leave arises from the order of the
Division Bench of the High Court of Patna made on
November 11, 1993 in CWJC No.13107/92. Admittedly one
Shyama Devi was a teacher who died on August 17, 1988.
She nominated certain persons to be entitled to receive
the G.P.F. etc. on her behalf. It would appear that
three persons laid the claim which was accordingly made
over. When the respondent claimed to be son of a
brother of the deceaseds, he was asked for the
succession certificate. By the time he produced the
certificate, the amount had already been paid to the
claimants. Therefore, the respondent filed a writ
petition. The Division Bench of the High Court allowed
the writ petition and directed to make the payment to
him. Thus this appeal by special leave.
In view of the fact that the State had discharged
the liability in terms of the nomination by the
deceased teacher, the inter se claims if any, have to
be adjudicated only on the regular constituted forum
and the State cannot be compelled to pay twice over on
the succession certificate produced by the respondent.
Under these circumstances, the direction issued by the
High Court is clearly illegal.
The appeal is accordingly allowed. The order of
the High Court is set aside. If any other claim is to
be discharged, the same may be done in accordance with
law. This order does not preclude the respondent to
take action according to law.