WP(C) 4032/2010 BEFORE HON’BLE MR. JUSTICE T. VAIPHEI Heard Mr. PJ Saikia, learned counsel for the petitioner. Also heard Mr. H. Buragohain, learned Central Government Counsel appearing for the postal autho rities. This is an unfortunate case. A widow like the petitioner has been forced to march from pillar to post to claim the elusive amount payable under the KVPs and NSC, which the deceased husband of the petitioner had deposited with the po stal authorities during his life time. Her husband died on 9.5.2007. As a Class- I heir of the deceased, the petitioner applied for and obtained a succession cer tificate from the learned Additional District Judge (FTC), Dibrugarh in connecti on with Misc. Succession Case No.123/07. A copy of the succession certificate is annexed at Annexure-A to the writ petition. It happened that the KVPs and NSC i n question had been purchased by the deceased prior to his marriage with the pet itioner. Therefore, it was quite natural on the part of the deceased to record t he name of his own brother, namely, Shri Prabir Kumar Bhowal as his nominee in t he KVPs and NSC so purchased by him. On the death of the deceased, the petitione r was compelled to approach the learned Additional District Judge (FTC), Dibruga rh for issuing succession certificate as she was not recorded as the nominee of the deceased in those securities. There is no dispute that the petitioner had im pleaded her brother-in-law as party respondent in the succession certificate pro ceeding before the learned Additional District Judge (FTC), Dibrugarh. It is als o an admitted position of the parties that the brother-in-law of the petitioner also did not contest the application for issuance of succession certificate to t he petitioner. In the result, the succession certificate came to be issued by th e learned Additional District Judge (FTC), Dibrugarh in favour of the petitioner . Armed with the succession certificate so obtained, the petitioner approached t he postal authorities to release the amount payable under the KVP No.03GG375015; KVP No.03GG375016 and NSC No.63EE534744. The postal authorities, all of whom ar e herein arrayed as party respondents, refused to honour the succession certific ate so produced by the petitioner on the ground that she was not recorded as nom inee of the deceased in those securities the said Shri Prabir Kumar Bhowal was r ecorded by the deceased as his nominee. It appears that the contempt petition filed by the petitioner before the learned Additional District Judge (FTC), Dibrugarh turned out to be a cropper w hereupon this writ petition has been filed by her for appropriate relief. The writ petition is stoutly opposed by the postal authorities by filing their affidavit-in-opposition. Mr. H. Buragohain, learned counsel for the postal authorities submits th at the succession certificate obtained by the petitioner is not enough to overri de the nomination made by the husband of the petitioner in favor of the said Shr i Prabir Kumar Bhowal. According to him, the postal authorities are statutorily obligated to release the amount so payable to the nominee of the deceased irresp ective of whether he is the legal heir of the deceased or not. So long as the sa id Shri Prabir Kumar Bhowal does not give his consent or a note of disclaimer in respect of those amounts, it will be illegal on the part of the postal authorit ies to pay the amount in favour of the petitioner on the strength of the success ion certificate obtained. He also contends that if the amounts are released on t he strength of the succession certificate, a third party including the brother-i n-law of the deceased can come forward in future to make parallel claim thereby putting the respondents in a difficult and embarrassing position. He, therefore, prays that the writ petition be dismissed. Mr. PJ Saikia, learned counsel for the petitioner draws my attention to the application dated 20.12.2007 filed by the petitioner, which is at Annexure-B , and contends that the petitioner expressed therein her readiness to submit a I ndemnity Bond for release of the amount on the strength of the succession certif icate so as to indemnify the postal authorities from all kinds of liabilities - present or future. According to the learned counsel for the petitioner, the post al authorities strangely refused the offer of the petitioner and has arbitrarily continued to deny payment of the legitimate dues of the petitioner till date. I have given my anxious consideration to the submissions made by the lea rned counsel appearing for the rival parties. In my opinion, the postal authorit ies have needlessly withheld the payment of the amount payable under the KVPs an d NSC even after the petitioner offered to execute an Indemnity Bond. They shoul d have handled the application of the petitioner with sympathy and compassion by taking into account the ordeal already faced by her. Here is a widow who lost h er husband three years back, but has been unnecessarily denied all the payments legitimately due to her on a highly flimsy and technical ground. Under the aforesaid circumstances, the petitioner has clearly made out a case for interference of this Court. Resultantly, this writ petition succeeds. The authorities are directed to release forthwith all the amounts due to the pet itioner under KVPs and NSC together with the accrued interest within one month f rom today. It shall be open to the respondent authorities to require the petitio ner to execute an Indemnity Bond to indemnify them from all kinds of liabilities , present and future, from any third party including the brother of the deceased . In the light of my decision, it is no longer necessary to require the pe titioner to implead the said Shri Prabir Kumar Bhowal as a party respondent in t his writ petition. The order dated 2.12.2010 passed by me stands recalled. A cost of Rs.10,000/- is awarded to the petitioner for withholding the payments, which should be paid by the postal authorities within one month from t oday. The writ petition stands disposed of in the above terms.