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PETITIONER: STATE OF BIHAR & ORS.

       Vs.

RESPONDENT: CHHANGUR PRASAD SETH

DATE OF JUDGMENT:       05/02/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (2)   294        1996 SCALE  (2)217

ACT:

HEADNOTE:

JUDGMENT:                        O R D E R      Leave granted.      We have  heard the  counsel for  the parties. This appeal by  special leave  arises from  the order of the Division Bench  of the  High Court  of  Patna  made  on November 11,  1993 in  CWJC No.13107/92. Admittedly one Shyama Devi  was a teacher who died on August 17, 1988. She nominated certain persons to be entitled to receive the G.P.F.  etc. on  her behalf.  It would  appear that three persons laid the claim which was accordingly made over. When  the respondent  claimed  to  be  son  of  a brother  of   the  deceaseds,  he  was  asked  for  the succession certificate.  By the  time he  produced  the certificate, the  amount had  already been  paid to the claimants.  Therefore,  the  respondent  filed  a  writ petition. The  Division Bench of the High Court allowed the writ  petition and  directed to make the payment to him. Thus this appeal by special leave.      In view  of the fact that the State had discharged the  liability  in  terms  of  the  nomination  by  the deceased teacher,  the inter  se claims if any, have to be adjudicated  only on  the regular  constituted forum and the  State cannot be compelled to pay twice over on the succession  certificate produced by the respondent. Under these  circumstances, the direction issued by the High Court is clearly illegal.      The appeal  is accordingly  allowed. The  order of the High  Court is  set aside. If any other claim is to be discharged,  the same may be done in accordance with law. This  order does  not preclude  the respondent  to take       action        according       to        law.