Simplified Explanation of the Judgment
In a significant decision, the Patna High Court upheld the rights of an adopted daughter to claim terminal benefits of a deceased government employee when supported by a valid succession certificate. The petitioner, claiming to be the adopted daughter of a deceased Class IV employee (Office Peon), was denied retiral benefits by the State on the grounds of lacking a registered adoption deed and non-recognition of adoption under Muslim Personal Law.
The deceased, Kamrun Khatoon, died while in service on 5 December 2018. Her husband, also a peon, had earlier passed away in harness. The petitioner had filed multiple representations to secure benefits such as pension, gratuity, provident fund, leave encashment, and group insurance. She submitted a family certificate, Madarsa education certificate, affidavits, and a declaration of oral adoption. An inquiry by the Revenue Clerk confirmed her status as adopted daughter based on local testimony and notarized documents.
Despite these efforts, the State did not act. As a result, the petitioner obtained a succession certificate from a competent Civil Court, affirming her as the legal successor of the deceased.
The State resisted, citing the deceased’s nomination of two cousins for certain benefits, and argued that unregistered adoption was not valid. They further noted that under Muslim law, adoption isn’t recognized. The Court rejected this reasoning, stating that succession certificates issued by a competent Court are legally binding and establish beneficiary rights.
The Court emphasized that nomination merely facilitates administrative convenience and doesn’t override lawful claims. Citing Atia Razia Devi v. State of Bihar and other cases, it concluded that a nominee is just a trustee for the rightful beneficiary.
The bench, led by Hon'ble Mr. Justice Harish Kumar, held that the petitioner had fulfilled all requirements under Bihar Pension Rules and government guidelines. Since there were no competing claims or legal disputes pending, the Court directed the authorities to release all admissible death-cum-retiral benefits within eight weeks of receiving the order.
Significance of the Judgment
This ruling is pivotal for adopted children—especially those from minority communities—facing legal hurdles due to lack of formal adoption documentation. It reaffirms the role of succession certificates in resolving inheritance claims and empowers beneficiaries who are often sidelined by bureaucratic rigidity.
For the general public and employees, this judgment sets a precedent that legal documentation like succession certificates can effectively establish claim rights even when traditional or religious norms pose limitations. It promotes equity, especially for women and dependents from weaker sections.
Legal Issues Decided and Decision of the Court
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Is an adopted daughter eligible for terminal benefits under Bihar Pension Rules?
✔ Yes, if supported by a succession certificate. -
Does the absence of registered adoption deed or non-recognition under Muslim law bar claims?
❌ No, succession certificate from a Civil Court suffices. -
Does nomination override a succession certificate?
❌ No, the nominee holds the amount in trust for the lawful heir. -
Should authorities grant retiral dues where a valid succession certificate exists and no other claimant disputes it?
✔ Yes, the Court directed immediate payment.
Judgments Relied Upon or Cited by the Court
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Atia Razia Devi vs. State of Bihar, 2016 SCC Online Pat 339
Case Title
Nazara Khatoon @ Najra Khatun vs. State of Bihar & Ors.
Case Number
CWJC No. 1233 of 2024
Citation(s)
2024(4) PLJR 571
Coram and Names of Judges
Hon'ble Mr. Justice Harish Kumar
Names of Advocates
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For the Petitioner: Mr. Mukesh Kumar Sinha
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For the Respondents: Mr. Anil Kumar (AC to SC-8)
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For Accountant General: Mr. Ram Kinker Choubey
Link to the Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjMTIzMyMyMDI0IzEjTg==-2ggsChFQ9--ak1--E=
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