(2026:JHHC:3515) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S). No. 826 of 2026 1. Dropadi Devi, aged about 64 years, w/o late Naresh Singh, r/o village - Gidhani, PO - Deopur, PS - Jasidih, District - Deoghar. 2. Bipin Kumar Singh, aged about 49 years, s/o late Naresh Singh, r/o village - Gidhani, PO - Deopur, PS - Jasidih, District - Deoghar. … … Petitioners Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of Drinking Water and Sanitation, Government of Jharkhand, Ranchi, P.O. & P.S. - Doranda, District - Ranchi. 3. The Deputy Commissioner, Sahebganj, P.O. & P.S. & District - Sahebganj. 4. Deputy Collector, District Establishment Committee, Sahebganj, P.O. & P.S. & District - Sahebganj. 5. The Superintendent Engineer, Drinking Water and Sanitation, Dumka Division, P.O. & P.S. & District - Sahebganj. 6. The Executive Engineer, Drinking Water and Sanitation Barhait Division, Barhait, P.O. & P.S. & District - Sahebganj. 7. The Assistant Engineer, Drinking Water and Sanitation, Barhait, P.O. & P.S. & District - Sahebganj. … … Respondents --- CORAM : SRI ANANDA SEN, J. --- For the Petitioners : Mr. Onkar Nath Tewary, Advocate : Mr. Shamaiel Raza, Advocate : Mr. Kranti Kirti Kuiri, Advocate For the Resp.-State : Mr. Devesh Krishna, SC (Mines)-III : Mr. Faisal Allam, AC to SC (Mines)-III --- 04/10th February, 2026 1. Heard the learned counsel for the petitioner and the learned counsel for the State. 2. Learned counsel for the petitioner prays to make necessary corrections in the cause-title wherein the age of the petitioner no. 2 has been wrongly typed as 55 in place of 49. 3. Prayer is allowed. 4. Necessary correction be carried out during course of the day with "red ink". 5. The case of the petitioners is for grant of compassionate appointment. The father of petitioner no. 2 died on 12.01.2021 for (2026:JHHC:3515) 2 which the petitioner no. 2 prayed for compassionate appointment supported by her mother who is petitioner no. 1. 6. Earlier youngest son of the deceased was opposing such appointment and has also moved before this Court in W.P. (S). No. 4284 of 2021 wherein this Court directed the respondents to decide who is entitled for compassionate appointment and pass an appropriate order. 7. Now the petitioner has approached this Court challenging Annexure - 9 at page no. 27, letter no. 358, dated 11.06.2025 whereby the respondents have directed the petitioner to obtain a succession certificate. 8. Learned counsel for the respondents submits that since there was a dispute between the sons of the deceased, the authorities directed the petitioner to produce a succession certificate. A Succession Certificate is issued in terms of the Indian Succession Act, 1925. Section 372 deals with application for succession certificate, which is quoted hereinbelow:- 372. Application for certificate.-(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:- (a) the time of the death of the deceased; (b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the family or other near relatives of the deceased and their respective residences; (d) the right in which the petitioner claims; (e) the absence of any impediment under Section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and (f) the debts and securities in respect of which the certificate is applied for. (2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to (2026:JHHC:3515) 3 have committed an offence under Section 198 of the Indian Penal Code. (45 of 1860.) (3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof. 9. From the aforesaid provision specially 372 (f) of the Act, it is settled that a succession certificate is issued in respect of debts or securities or in respect of portions thereof and not for any other purpose. Compassionate appointment is neither a debt nor a security. 10. Thus, when the claim is not a debt or a security, the authorities cannot direct any person to produce succession certificate. No Court can grant succession certificate where the claim is not for any debt or any security. Since the compassionate appointment is neither a debt nor a security, succession certificate cannot be granted and demanding the same, is also illegal. Thus, the impugned order dated 11.06.2025 (Annexure - 9) is set aside. 11. Accordingly, this writ petition is allowed. 12. Respondents are directed to take a decision on rival claim for grant of compassionate appointment. (ANANDA SEN, J.) Aditi Uploaded on:- 16.02.2026