Kamala Banerjee v. Union of India

The case of Kamala Banerjee v. Union of India (2013 Calcutta High Court) highlights the procedural complexities that families face in accessing post-retirement dues when a deceased individual dies without a Will. Kamala Banerjee, the widow of Sankar Prasad Banerjee, a retired employee of the Kolkata Port Trust, filed a writ petition seeking release of arrear pension amounting to ₹52,385/- which remained unpaid following her husband’s death.

Kamala obtained a Succession Certificate from the Administrator General of West Bengal but the Port Trust refused to release the arrears, insisting on a formal Succession Certificate issued by a competent Court under the Indian Succession Act, 1925. The Trust cited Government regulations that mandate a Court issued certificate for disbursement of the amount, arguing that the certificate from the Administrator General was based solely on an affidavit and lacked the legal standing of a Court validated document.

Kamala contended that the Administrator General’s certificate should suffice, especially since all legal heirs had submitted a no-objection declaration. However, the Court ruled that the certificate under Section 29 of the Administrator Generals Act cannot substitute a Succession Certificate from a Court, given its limited evidentiary value and lack of procedural safeguards.

Consequently, the petition was dismissed. This case underscores a crucial lesson. Drafting a Will is not just a legal formality. It is an act of responsibility and care for one’s family.

Source

https://indiankanoon.org/doc/101815489/#:~:text=By%20the%20present%20writ%20petition,petition%20and%20to%20release%20the