HC strikes down succession certificate
Source: The Sangai Express

Imphal, December 11 2023: The High Court of Manipur has directed Punjab National Bank (PNB) to transfer a total of Rs 59,54,215 (commutation and gratuity amount) to the family pension account maintained by Konsam Michael Singh with PNB without the need of furnishing a Succession Certificate.

The commutation and gratuity amounting to Rs 39,55,215 and Rs 19,99,000 totalling Rs 59,54,215 was wrongly credited by the Treasury Officer, Thoubal to the account of Konsam Michael Singh's deceased wife who was a retired Associate Professor and former Principal of Thoubal College.

She passed away on March 17, 2023 and Konsam Michael has been receiving family pension since May, 2023 .

On July 6, 2023, Konsam Michael filed an application to the Treasury Officer, Thoubal to credit the commutation and gratuity amount to his pension account maintained with Punjab National Bank (PNB).

As nothing was done in this regard, Konsam Michael approached the Manipur High Court.

In response, PNB filed a counter affidavit stating that the sum credited in the deceased pensioner's account will be refunded only when Konsam Michael approaches the bank with proper application along with other necessary documents as per bank guidelines.

Senior Counsel of the petitioner urged the Court to exempt Konsam Michael from furnishing a Succession Certificate as there is no dispute and controversy regarding his entitlement to family pension and commutation and gratuity amount.

In this regard, the Manipur High Court directed Konsam Michael to submit an application to the bank to claim the amount wrongly deposited and transfer the same to his family pension account while clarifying that Succession Certificate will not be required for transferring the amount as the petitioner's status is not disputed.

In addition, the Court has directed the Punjab National Bank to transfer the amount of Rs 59,54,205 within a period of one month from the date of receipt of the application from petitioner Konsam Michael.

In case the bank still insists on production of a Succession Certificate, the bank should bear the cost of Stamp Fee and litigation cost, instructed the Court.

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