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TMI Blog2013 (10) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - W. P. No. 10779(W) of 2011 - - - Dated:- 5-7-2013 - Sambuddha Chakrabarti,JJ. For the Petitioners : Mr. Lakshman Chandra Halder, Advocate For the Respondent : Mr. Saptangshu Basu, Advocate, Mr. S. Bhattacharyya, Advocate JUDGMENT Sambuddha Chakrabarti, J. By the present writ petition, the petitioners have inter alia praye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners to produce a succession certificate from the Court of law. The grievance of the petitioners is that when the Statute permits the Administrator General of West Bengal to grant succession certificate, there is no reason to refuse the same and not to release the arrear pensions. The petitioners are aggrieved by the conduct of the respondent no. 4 and for refusing the payment on the ground that they had not produced the succession certificate from a Court of law. This action has been challenged by the petitioners in this writ petition. Respondent nos. 3 and 4 have filed an affidavit-inopposition and have denied the allegations made by the petitioners. According to them, the petitioner no. 1 is already drawing the family pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndents have contended that as the petitioner no. 1 had produced merely a certificate on the basis of an affidavit and not a succession certificate per se issued by a District Judge or a District Delegate of a competent Court of law, the amount could not be released to her. In response to the Advocate s letter, the petitioners were again advised to produce a certificate from a competent Court of law for disbursing the amount to the legal heirs. The Port authorities are also not very sure if the deceased employee had any other legal heir. One very specific objection to the release of the arrear amount on the basis of the certificate produced by the petitioners has been that Kolkata Port Trust will have no protection under the Administrato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to get the assets of the deceased and that such certificate cannot be annulled or rejected on the ground of any Circular or Rule of a Government department. According to the petitioners, all the heirs of the deceased employee have signed the petition declaring that they have no objection if the arrear pension is released in favour of their mother and, as such, the question of protection of the authorities under the Act does not arise. According to them, only a proof from the legal authority is required and such proof having been produced, but the respondent no. 4 has pressed for production of a succession certificate from a Court of law. For the purposes of the present writ petition it is necessary to consider Section 29 of the Administra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 31 of the said Act an Administrator General shall not be bound to grant any such certificate unless he is satisfied after making an enquiry of the title of the claimant and on the value of the assets left by the deceased within the State. Section 32 of the Act says that the holder of a certificate shall have in respect of the assets specified in the certificate the same powers and duties and he shall be under the same liabilities as he would have had or been subject to if letters of administration had been granted to him. The petitioner submits that thus a certificate issued by the Administrator General is also a certificate issued by a competent authority. But the question that falls for consideration is whether a certificate iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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