IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5608 of 2010 MD. SARFARAZ, S/O MD. ISMAIL, R/O MOHALLA- MOHIB ALI CHAK (IMAMPUR), P.O. & P.S.- HABIBPUR, DISTT.- BHAGALPUR ---Petitioner Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF LAW, GOVT. OF BIHAR, OLD SECRETARIAT, BIHAR, PATNA. 3. THE REGISTRAR, CIVIL COURT, BHAGALPUR. 4. THE NAZIR, CIVIL COURT, BHAGALPUR. 5. THE TREASURY OFFICER, BHAGALPUR. 6. THE ACCOUNTANT GENERAL, BIHAR, PATNA. ---Respondents ----------- 3. 1.7.2010 Heard learned counsel for the petitioner and the State as well as the learned counsel appearing for the Accountant General. Separate counter affidavit has been filed on behalf of respondents no.3 and 4 as also on behalf of respondent no.5. Learned counsel for the petitioner submits that the father of the petitioner was working as a Peon in the Civil Court, Bhagalpur, who retired on 31st of October, 1987. Thereafter all his retiral dues have been settled. However, the amount of provident fund has remained to be paid. In the meantime, the father as also the mother of the petitioner died as stated in paragraph 7 of the writ application. Learned counsel submits that the aforesaid provident fund dues could not be paid till date for want of succession certificate as is evident from letter, as contained in Annexure D to the counter affidavit filed on behalf of respondents no.3 and 4, written by the District Provident Fund Officer, Bhagalpur addressed to the Registrar of the Civil Court, Bhagalpur requiring the list of the legal representatives as also the succession certificate. Learned counsel for the petitioner submits that in the above circumstances succession certificate could not be 2 produced. However, the petitioner shall submit the succession certificate in order to receive the aforesaid payment. Considering the submissions of the parties, it is hereby directed that in case the petitioner submits succession certificate, the aforesaid dues may be paid to the legal representative of the deceased employee in whose favour succession certificate is granted. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)