FAO No. 1891 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 1891 of 2009 (O&M) Date of decision : 24.12.2009 Satpal Dua ... Appellant vs General Public and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. SS Rana, Advocate, for the appellant. Mr. Palvinder Singh, Senior Deputy Advocate General, Punjab. Mr. R. Kartike, Advocate, for respondent no. 2. Mr. N. S. Bawa, Advocate, for respondent no. 3. Rajesh Bindal J. Challenge in the present appeal is to the order dated 12.12.2008, whereby the petition filed by the appellant for being appointed as Guardian of minor Umesh Kumar son of Late Madan Lal was dismissed. His date of birth is 17.2.1996. The parents of minor child have expired. He is presently living with his paternal uncle (Taya). It was pointed out at the time of hearing that the mother of the minor expired on 4.10.1996 when he was merely eight months old. Father of the minor also expired on 4.3.2008. The mother was employed with the State of Punjab as Teacher whereas the father was working with Bhakra Beas Management Board (hereinafter to be referred as “the BBMB”). After the death of father, issue arose regarding the payment of amount due to the father of the minor for which a guardian was required to be appointed. The petition filed by the appellant before the court below was dismissed. The contesting respondent in the petition and the appeal before this court is the maternal grand mother (Nani) of the minor child. After hearing learned counsel for the parties, with consensus, the following terms have been settled with regard to the Guardianship of the minor Master Umesh Kumar son of Late Madan Lal:- The contesting respondent, namely, who is maternal grand- mother of the minor, does not have any objection to the appellant being appointed as guardian of Master Umesh Kumar son of Late Madan Lal. FAO No. 1891 of 2009 -2- It is agreed that the entire amount due to be paid on account of death of the father of the minor by the BBMB shall be paid in the name of the minor. The amount shall be transferred directly in an account to be opened by the appellant in the name of the minor in a nationalised bank under his guardianship. The bank where the amount is to be deposited shall convert the same into a FDR for a period carrying maximum rate of interest. Master Umesh Kumar shall be entitled to deal with the amount after he attains the age of majority. The appellant after opening the account with the bank shall intimate the same to the concerned authority in the BBMB to enable it to disburse the amount and get it credited directly in the bank. The appellant shall complete all the formalities required for payment of dues on account of the death of father of the minor, as expeditiously as possible. After completion of the formalities, the amount shall be disbursed by the BBMB within one month therefrom. The amount shall be deposited in the account opened in the name of the minor. The monthly family pension payable to the minor by the BBMB shall be directly credited to the account of the minor. It has further been agreed that the minor who is presently studying in National Academy at Ropar shall be admitted in next class in the next session in a good boarding school either in Chandigarh, Punjab or in Himachal Pardesh. The amount which is to be paid to the school in which the minor is admitted on account of fee or other charges shall be paid by the bank directly to the school. The family pension which was being paid to the deceased father on account of death of mother of the minor child, shall now be disbursed to the minor under the guardianship of the appellant. The appellant shall complete the requisite formalities therefor. The amount shall be disbursed by the State of Punjab within one month from the submission of necessary documents. The amount shall be credited directly in the account of the minor, the details of the same shall be furnished along with the requisite documents to be submitted for disbursement of claim. The amount of monthly pension deposited in the account of Master Umesh Kumar shall also be converted by the bank either in FAO No. 1891 of 2009 -3- FDR or will be transferred into a RD account, whichever is beneficial as far return on investment is concerned. The amount deposited in the account of the minor shall not be withdrawn till his date of majority except as permitted above. The request made by the learned counsel appearing for respondent no. 2, the maternal grand-mother of the minor, for meeting the child was graciously accepted by the appellant who was present in person in court. He submitted that he does not have any objection if respondent no. 2 or other family members from the maternal side of the minor see the child at his residence during vacations. The appeal stands disposed of in the above terms and the impugned order stands modified, accordingly. 24.12.2009 ( Rajesh Bindal) vs. Judge