Patna High Court
Zainab Akhtar @ Shaista BegamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Letters Patent Appeal is disposed of as withdrawn, with no substantive determination on the entitlement of the petitioners.
Summary
The appellants, Zainab Akhtar and Adeeba Fatima, claimed to be the nominees of the deceased employee Md. Qamrul Haque for his post‑death benefits, including pension, gratuity and the Group Provident Fund (GPF). The High Court earlier held that a nominee is only a custodian and that benefits must be distributed among the legal heirs under the Hindu Succession Act, noting that the petitioners' adoption was not proven. On appeal, the university produced the deceased's service book showing a nomination for GPF but none for gratuity or family pension, and the bank had already paid the GPF amount to another nominee, Afreen Akhtar. The university indicated that once a succession certificate is produced, the remaining benefits could be released. The appellants sought to withdraw the appeal and approach a civil court for a succession certificate, and the Court disposed of the Letters Patent Appeal as withdrawn without deciding the substantive entitlement issues.
Issues considered
- Whether the petitioners, as alleged nominees, are entitled to the deceased employee's post‑death benefits.
- Whether the petitioners' adoption under the Hindu Adoption Act is valid for claiming nominee rights.
- Whether the service book nomination determines the entitlement to pension and gratuity.
- Whether the appeal can be withdrawn and the matter referred to a civil court for issuance of a succession certificate.
Legislation cited
Subjects
- nominee
- post‑death benefits
- pension
- Group Provident Fund
- succession certificate
- Hindu Succession Act
- Hindu Adoption Act
- service book
- letters patent appeal
- withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.61 of 2025
In
Miscellaneous Jurisdiction Case No.1076 of 2024
======================================================
1. Zainab Akhtar @ Shaista Begam, Daughter of Md. Firoj Akhtar, Resident
and Post Office Fatehpur, P.S.-Zeromile, Block-Sabour, District-Bhagalpur.
2. Adeeba Fatima, Daughter of Late Md. Parwez Akhtar, Resident and Post
Office Fatehpur, P.S.-Zeromile, Block-Sabour, District-Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar through Principal Secretary, Human Resources
Department, Government of Bihar, Patna.
2. The Tilkamanjhi University through its Registrar, Bhagalpur.
3. The Vice-Chancellor, Tilkamanjhi University, Bhagalpur.
4. The Registrar, Tilkamanjhi University, Bhagalpur.
5. The Principal, Sundarwati Mahila College, Bhagalpur.
6. The Branch Manager, Punjab National Bank, Sundarwati Mahila College
Campus, Branch Bhagalpur.
7. The Accountant General, Accountant General Office, Virchad Patel Marg,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Murlidhar Mishra, Advocate
For the State : Mr. Sarvesh Kumar Singh, AAG-13
For the P.N.B. : Mr. Mritunjay Kumar, Advocate
Mr. Ram Ganesh, Advocate
For the A.G. : Mr. Binod Kumar Labh, Advocate
For the TMBU : Mr. Ashar Mustafa, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 09-02-2026 This Letters Patent Appeal has been filed by the
appellants Zainab Akhtar @ Shaista Begam and Adeeba Fatima
challenging the order dated 04.10.2024 passed by the learned
Single Judge in M.J.C. No. 1076 of 2024 along with the order
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dated 06.11.2023 passed in C.W.J.C. No.15084 of 2023.
The writ petition was filed by the appellants seeking
for the following relief(s):-
“(I) To direct the Tilkamanjhi University/
Principal Sundarwati Mahila College to
bring on record the original service book of
the deceased employee namely Md. Qamrul
Haque, who was working as Assistant in
Account Section in Sunderwati Mahila
College, Bhagalpur, who died on 05-12-
2017 when he was in active service.
(II) To direct the respondent to make Post death
benefit and other legal benefit for that the
petitioners have been nominated by
deceased employee in his service book, as
learnt, and they are lawfully entitled for the
same.
(III) To direct the Punjab National Bank
Sundarwati Mahila College Branch to
make Payment the balance amount of the
deceased Md. Qamrul Haque lying in his
salary account, being account no.
0048010100031761 to the petitioners as
they are nominated by the deceased
employee in his service book.
(IV) Any other relief(s) to which the petitioners
may be deemed entitled to the facts and
circumstances of the case.”
2. The writ petition was initially disposed of vide
order dated 06.11.2023 and the following order was passed:-
“Heard Mr. Murlidhar Mishra,
learned counsel appearing on behalf of the
petitioners; Mr. Madan Jeet Kumar, learned GP
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20 along with Mr. Rakesh Ranjan, AC to GP 20,
for the State; Mr. Binod Kumar Labh, learned
counsel for the Accountant General and Mr.
Mritunjay Kumar, learned counsel for the
Punjab National Bank.
2. The present writ petition has been
filed by the petitioners, who have claimed
themselves to be the nominees, nominated by
the deceased employee, namely, Md. Qamrul
Haque, who had died issue-less in harness on
05.12.2017, while posted as Assistant in
Sundarwati Mahila College, Bhagalpur. The
prayer is that they are entitled to receive retiral
benefits under different heads, which the
deceased employee was entitled for.
3. Learned counsel appearing on
behalf of the respondents submits that the law
relating to the right of a nominee is well settled
by the Apex Court in the case of Sarbati Devi
and Anr. v. Smt. Usha Devi, reported in
(1984)1 SCC 424. He next submits that the
adoption appears to have not taken in
accordance with the Hindu Adoption Act, as no
evidence with respect to the give and take by
original parents of the petitioners has been
refereed in any manner, nor such adoption has
been confirmed by the competent civil court in
accordance with law.
4. The relief, as prayed for in the
present writ petition, with respect to the
payment of reitiral benefits can only be claimed
by legal representative of the deceased
employee in accordance with with law
governing the heir in accordance with the
Hindu Succession Act. The petitioners, being
nominee, can only be treated to be custodian of
the retiral benefits in view of the law laid down
by the Apex Court in Sarbati Devi (supra). The
pensionary benefit is required to be distributed
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in equal share among all the legal
representatives of the deceased employee in
accordance with Hindu Succession Act.
5. This Court will not go into the
question of entitlement of the petitioners
whether the adoption is in accordance with law
for which they have remedy before the
competent civil court for seeking declaration to
be the adopted children of the deceased
employee.
6. With the aforesaid observations,
the writ petition stands disposed of.”
Thereafter, an application for modification was filed,
which stood disposed of modifying the order dated 06.11.2023
passed in C.W.J.C. No. 15084 of 2023, which is impugned in
the present Letters Patent Appeal.
3. Learned counsel for the Tilkamanjhi University,
Bhagalpur has placed before us the Service Book of the
deceased employee, which is Annexure-C to the counter
affidavit which indicates that in Column No.7(b), which relates
to Nomination for G.P.F. of the deceased employee, nomination
has been made, but in Column No.9, which relates to D.C.R.
gratuity and family pension, no nomination has been made.
Learned counsel also placed Annexure-D, which is a letter dated
29.07.2025 addressed to three persons including the two
appellants, out of which the third person Affreen Akhtar has
died, to produce the Succession Certificate for passing
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necessary order. The learned counsel submits that so far as the
G.P.F. is concerned, in Paragraph No.6 of the Letters Patent
Appeal it is specifically mentioned that the amount of provident
fund account has been paid to the provident fund account
nominee Md. Afreen Akhtar by the respondent bank as per the
direction of this Court dated 10.01.2020 passed in C.W.J.C. No.
22087 of 2019.
4. Learned counsel for the University assures that
once the Succession Certificate is produced before the
University, there would be no difficulty in disbursing the
pension and other entitlement amount as per the Succession
Certificate.
5. In view of above submission made by the learned
counsel for the University, learned counsel for the appellants
seeks permission to withdraw the Letters Patent Appeal seeking
liberty to approach the competent Civil Court for issuance of
Succession Certificate.
6. It is made clear that we have not expressed any
opinion on the merits regarding the entitlement as to who is to
get the amount due of the deceased employee, and in view of
the stand taken by the University, if the Succession Certificate is
produced before the authorities, immediate steps shall be taken
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for disbursement of the pensionary amount as well as other
amount, as per the Succession Certificate.
7. Accordingly, the Letters Patent Appeal is disposed
of as withdrawn.
8. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
P.K.P./-
U
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