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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The Letters Patent Appeal is disposed of as withdrawn, with no substantive determination on the entitlement of the petitioners.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appeal and approach a civil court for a succession certificate, and the Court disposed of the Letters Patent Appeal as withdrawn without deciding the substantive entitlement issues.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  • Whether the appeal can be withdrawn and the matter referred to a civil court for issuance of a succession certificate.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
Patna High Court L.P.A No.61 of 2025(9) dt.09-02-2026
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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
Patna High Court L.P.A No.61 of 2025(9) dt.09-02-2026
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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
Patna High Court L.P.A No.61 of 2025(9) dt.09-02-2026
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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
Patna High Court L.P.A No.61 of 2025(9) dt.09-02-2026
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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
           Patna High Court L.P.A No.61 of 2025(9) dt.09-02-2026
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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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