IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4399 of 2008 JUGESHWAR GOPE Versus THE UNION OF INDIA & ORS ----------- For the Petitioner : Mr. Yogesh Chandra Verma,Senior Advocate For the Respondents : Mr. Shabbir Ahmad, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 5th August, 2008. After having heard the counsel for the petitioner, we are satisfied that the petitioner is not entitled to any relief. 2. That, Suphal Gope was employed with the Railway, is not in dispute. He has retired and is dead. That an amount of Rs.2,66,777 is payable to the lawful claimant towards Provident Fund and Insurance amount of the deceased employee is also not in dispute. The petitioner claims to be son of Suphal Gope and the only legal heir. The Railways have asked him to produce succession certificate before the aforesaid amount towards Provident Fund and insurance could be paid to him. He is not interested in procuring succession certificate and wanted the Central Administrative Tribunal, Patna Bench, Patna and now this Court to exercise high prerogative writ jurisdiction and direct the respondents to pay him the Provident Fund and insurance dues of Suphal Gope. That the petitioner has not been - 2 - nominated by Suphal Gope to get the aforesaid amount is not in dispute. The requirement of obtaining succession certificate is to discharge the liability that the Railways may have in all respects. There is statutory provision to that effect. 3. Merely because for obtaining succession certificate the petitioner has to pay the court fee, the requirement of getting succession certificate cannot be done away with. As a matter of fact, had the petitioner been rightly advised, he would have got the amount by now. He is unnecessarily multiplying the proceedings by first approaching the Central Administrative Tribunal and then the High Court and not moving the competent court of jurisdiction to get succession certificate. 4. Be that as it may, the petitioner has to obtain succession certificate if he wants to get Provident Fund and insurance amount of his deceased father. 5. Writ petition is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J Anil/