WP/28080/2005 of N. Savithri, Vs The South Central Railway, on 30 December 2005

ORDER:

The husband of the 1[st] petitioner and father of petitioners 2 to 4, by nameNookaraju, was employed as a Cook in the Indian Railways. He died on20.10.2003. The petitioners state that his death-cum-retirement benefits werenot released, but were kept as security for permitting them to remain in thequarters for some time. The petitioners state that they vacated the quarters on14.07.2004, despite the same, the respondents have not released the death-cum-retirement benefits.

The learned Standing Counsel takes objection to the maintainability of the writpetition. It is true that the amount claimed by the petitioners is in the form ofdeath-cum-retirement benefits of late Nukaraju. However, the necessity for thepetitioners to approach the Central Administrative Tribunal would arise, if onlythey seek any adjudication thereof or if they seek a declaration as to theirentitlement. Their grievance is only as regards the inaction on the part of therespondents in not releasing the undisputed amount.

Hence, the Writ Petition is disposed of, directing the respondents to examinethe matter of releasing the death-cum-retirement benefits of late Nukaraju infavour of the petitioners and pass appropriate orders within a period of six (6)

weeks from the date of receipt of a copy of this order. There shall be no orderas to costs.

Note: Issue C.C. in three days.

(B/o)

Jsu

_________

30.12.2005