A legal representative must obtain a succession certificate to claim GPF through a deceased nominee.

Late Smt. Leela Deshmukh, Principal of Government Bhoj Girls Higher Secondary School, Dhar, died in service on 8 November 1994. The petitioner, her brother, claimed to have been nominated to receive her GPF amount. The nomination form named D.N. Pandhari Pande as nominee and identified Rahul D. Pandhari Pande in the column concerning the person to whom the nominee’s right would pass if the nominee predeceased the subscriber.

After D.N. Pandhari Pande died during the writ proceedings, his son Rahul was substituted; after Rahul’s death, his wife, Smt. Shrutika Pandhari Pande, was substituted. She sought to set aside the respondent’s order dated 14 February 2012 and obtain authority for payment of the GPF amount with interest. The State and respondent No. 5 opposed direct payment, noting that Shrutika was not named in the nomination and that a succession certificate was required.

Whether Smt. Shrutika Pandhari Pande, as the substituted legal representative of the original petitioner through Rahul, could obtain the GPF amount without a succession certificate.

Whether the petitioner was entitled to relief under Article 226, including a direction for payment of the GPF amount.

The Court proceeded under Article 226 of the Constitution of India, the provision invoked for the writ petition.

It held that where entitlement to the deceased subscriber’s GPF amount depends on determining whether the claimant is the only legal representative and no succession certificate is produced, that entitlement cannot be established for payment in the writ proceedings; the claimant must obtain a succession certificate from the competent court, with notice to the public at large.

The original nomination named D.N. Pandhari Pande, while Rahul was identified in the form as the person to whom the nominee’s right would pass if the nominee predeceased the subscriber; Shrutika was not named in the nomination.

Although she had been substituted as Rahul’s legal representative, the Court considered that substitution insufficient to determine conclusively that she was the sole person entitled to claim the GPF amount. Because that question required determination in a civil proceeding and a succession certificate was necessary, the Court found no basis to direct payment in the writ petition.

If she obtains the certificate, the respondents must act in accordance with law and pay the amount expeditiously.