High Court of Judicature at Allahabad
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Sushila Sharma & Others v. State Of U.P. & Others - WRIT - A No. 26587 of 2007  RD-AH 10472 (6 June 2007)
Hon. Dilip Gupta, J.
The petitioners are seeking the quashing of the order dated 4.2.2007 that has been passed by the Senior Superintendent of Police, Central Jail, Naini, Allahabad. A perusal of the said order indicates that the petitioner has been asked to obtain Succession Certificate from the Competent Court for payment of pension.
Learned counsel for the petitioners states that there is no dispute about the persons, who are entitled to the payment of the dues of the deceased Om Prakash Sharma and, therefore, it is not necessary to obtain the Succession Certificate.
Learned Standing Counsel has produced before the Court the comments sent by the Department which clearly indicates that there is a serious dispute as to payment since the deceased has left behind him two wives.
The order dated 4.2.2007 requiring the petitioners to obtain a Succession Certificate does not suffer from any infirmity. The writ petition is liable to be dismissed and is, accordingly, dismissed.
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