2013 (10) TMI 488 - HC - Indian Laws

Refusal in Granting Succession Certificate Releasing the amount of arrear pension and other reliefs - Whether a certificate issued by the Administrator General can be equated with a succession certificate issued by a Court of law Held that - There is no doubt that the procedure required for issuing succession certificate is much elaborate in nature - Notice has to be served on the rival claimants - But a certificate issued by the Administrator General is on affidavits only - The certificate issued by the Administrator General under section 29 of the Act cannot be equated with that of a certificate issued by the Administrator General - There was no lack of logic in the insistence of the respondents upon a succession certificate from a Court of law - If the law requires a succession certificate to be obtained from a competent Court of law that cannot be short-routed by obtaining a certificate under section 29 - it cannot be said that the authorities had unjustly insisted on a succession certificate Decided against Petitioner.

Summary

Issues:
1. Failure to release arrear pension based on succession certificate.
2. Dispute over the requirement of a succession certificate from a Court of law.
3. Equivalence of a certificate issued by the Administrator General with a succession certificate.
4. Justification of authorities insisting on a succession certificate.

Analysis:
1. The petitioners sought a declaration that the respondents failed to act in accordance with the law and natural justice by not releasing the arrear pension. The widow of the deceased employee had obtained a succession certificate from the Administrator General of West Bengal, but the respondents insisted on a succession certificate from a Court of law, leading to the petition challenging this action.

2. The respondents justified their requirement for a succession certificate from a Court of law based on government rules specifying that payments exceeding a certain amount should only be made to the legal heir with the appropriate legal authority. They argued that the Administrator General's certificate, obtained by the petitioner, did not meet this requirement, as per the rules set by the Department of Expenditure, Ministry of Finance.

3. The court examined the Administrator General Act and noted that while a certificate issued by the Administrator General is valid, it does not equate to a succession certificate issued by a Court of law. The process for obtaining a succession certificate involves more elaborate procedures, including serving notice to rival claimants, which are not required for the Administrator General's certificate under Section 29 of the Act.

4. The judgment upheld the authorities' insistence on a succession certificate from a Court of law, stating that if the law mandates such a certificate, it cannot be bypassed by obtaining a certificate under Section 29 of the Administrator General Act. The court found no fault in the respondents' requirement for a succession certificate and dismissed the writ petition, emphasizing the importance of adhering to legal procedures and documentation in matters of inheritance and succession.