IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14866 of 2009 DILIP KUMAR JHA aged about 28 years, son of late Bhushan Chandra Jha, resident of village – Surihari, P S – Amarpur, District – Banka. Versus 1. THE UNION OF INDIA through Secretary, Deptt. of Posts and Telegraphs, Government of India, New Delhi. 2. Chief Postmaster General, Bihar Circle, Meghdoot Bhawan, Patna. 3. Assistant Superintendent Post Office, Banka Sub-division, Banka. 4. Postmaster Banka, Head Post Office, Banka. 5. Postmaster, Surihari, P S – Amarpur, District – Banka. ----------- 02. 07.11.2009 Late Bhushan Chandra Jha was an employee of the respondent Department of Posts and Telegraphs, Government of India. He was a postman working in Surihari post-office, Amarpur Police Station, in the district of Banka. During his life time he obtained a Postal Life Insurance policy No. 55451-P for Rs.1 lac and nominated his wife as a nominee. The wife died on 16.7.2004 and within two years even Bhushan Chandra Jha died on 14.7.2006. Bhushan Chandra Jha has left behind three siblings. They are Dilip Kumar Jha, the present petitioner, Gunjan Kumari aged about 18-20 years and Deepak Kumar Jha who is also now a major. The petitioner being the eldest son of the deceased employee came to be offered appointment on compassionate ground as a postman in place of his father and letter of appointment has been issued in favour of the petitioner on 7.5.2008. Petitioner too has been appointed on the post of postman and he is working in that capacity in the said post-office, which is Surihari. Petitioner lodged a claim for payment of the life insurance - 2 - along with declarations from his brother and sister stating that they had no objection for payment of the insured amount to the petitioner being the eldest and he has responsibility to take care of his other siblings. In support of the said claim petitioner annexed appropriate declarations as well as a certificate from the Circle Officer with regard to the offspring of late employee namely, Bhushan Chandra Jha. Despite all these exercise the respondent authorities vide a communication dated 30.4.2008 issued on behalf of Chief Postmaster General, Bihar Circle directed the petitioner to obtain a succession certificate. Petitioner’s submission is that the said communication has been issued in a very mechanical kind of manner in absence of any dispute having been raised from any quarter. The irony of the whole thing is not lost because it is the same respondent authorities which have offered employment to the petitioner under them on compassionate ground on the death of his father. The two offspring who are there are the responsibility of the petitioner which is a condition for compassionate appointment. They have given a proper declaration for payment of the insured amount but ignoring all that, the petitioner is being compelled to obtain a succession certificate where no dispute exists. I do not know whether the Court should appreciate the stand taken by the respondents to apply uniform yardstick in such matter whether it is a common man or an employee of the department. They all have gone to go through the same process. Per say it is a reflection - 3 - rkp of non-application of mind to the issue by the respondent authorities. If there was any claim lodged before them from any quarter or any objection raised on behalf of any claimant the Court would have understood the necessity for obtaining a succession certificate. A poor family holding the post of a postman is being unnecessarily harassed by taking an unreasonable stand and demanding succession certificate. Annexure-7 is quashed with a direction upon the Chief Postmaster General, Bihar Circle (Respondent No.2) that he shall issue an appropriate direction to the concerned authority to release the money of the insured amount in favour of the petitioner, may be in the name of all the three offspring of the late employee after obtaining a Indemnity Bond, if necessary. Let payment be done within eight weeks of the communication or production of a copy of this order. The writ application is allowed. (Ajay Kumar Tripathi, J)