IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.26 of 2006 MOST.UMA DEVI Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Ravindra Kr. Sinha, Adv. For the Opposite parties : Mr. Ravindra Kr. Priyadarshi, Adv. ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 8th July, 2008. That family pension in the sum of Rs.42,962/- and some other amount is payable to the legal heirs of the deceased employee, Sunil Kumar is not in dispute. The counsel for the Gaya Municipal Corporation submits that the said amount cannot be paid as there are two rival claimants by the same name i.e. Uma Devi and if any one of them brings succession certificate, the family pension and other retiral benefits of deceased Sunil Kumar shall be paid immediately. 2. Having considered the show cause filed by the Opposite party no.2, we find some merit in the contention of the Corporation. 3. We are satisfied that no case for taking the cognizance of contempt is made out in this application. 4. M.J.C. is disposed of accordingly. - 2 - 5. The petitioner is free to obtain a succession certificate from a competent Court of jurisdiction and produce the same before the Gaya Municipal Corporation. We observe that if such succession certificate is produced by the petitioner, the due retiral benefit shall be paid as per the succession certificate within two weeks of production of such succession certificate. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-