IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2315 of 2009 SURAJ KUMAR Versus THE STATE OF BIHAR & ORS. ----------- 3. 16.12.2009 This contempt application is with regard to the claims in respect of the original government servant who was Kapil Deo Singh Sharma. After his retirement, pensionary benefits were paid to him till his death. Thereafter his widow was paid family pension which was deposited directly in her S.B. Account No.6140 running in Nadawan Branch of Punjab National Bank. The said widow also died. Petitioner, being the only surviving heir of the widow, applied to the Punjab National bank, got her account closed and got the entire deposited amount transferred in his S.B. account no.3703. Learned counsel for the petitioner submits that after petitioner submitted sufficient proof of his being sole surviving legal heir of the widow, the authorities of the Bank allowed the account of the widow to be closed and transferred all the proceeds in his account. Some more dues of the original government servant remained with the Government - 2 - and, therefore, the writ application was filed which was disposed of by this Court. Now the issue is with regard to due salary for the period 1.1.1971 to 31.03.1973 to the tune of Rs.18,344/-. The opposite parties were withholding the said amount for want of proof of the petitioner being the sole surviving heir of the deceased Government servant and his widow, who also died subsequently. They are now insisting for succession certificate. To obtain succession certificate is an onerous process and, therefore, petitioner is directed to obtain a certificate from the concerned Punjab National Bank with regard to closure of the account of the widow, transfer of all the proceeds in his favour and on being satisfied with regard to the entitlement for the same. The said certificate of the Punjab National Bank along with indemnity bond and an affidavit shall be filed by the petitioner before concerned opposite party. If these three documents are filed by the petitioner before the concerned opposite party, the said concerned opposite party shall release the amount through crossed cheque in his favour payable in the said account of the petitioner in the said - 3 - Branch of P.N.B. This order must be complied with by both the parties within two months. The contempt application is disposed of. B.T (J. N. Singh, J.)