of Bihar & Ors Vs. Chhangur Prasad Seth
 INSC 191 (5 February 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (2) 294 1996 SCALE (2)217
O R D
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.
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
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
these circumstances, the direction issued by the High Court is clearly illegal.
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.
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