Court No. - 38
Case :- WRIT - A No. - 13205 of 2019 Petitioner :- Kr. Rose Mary Singh And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Arun Kumar Tiwari,Vinod Shanker Giri Counsel for Respondent :- Vivek Kumar Rai
Hon'ble Ashwani Kumar Mishra,J.
This is an utterly misconceived petition.
Petitioners are the wife and daughter of the employee concerned, who is serving in the Indian Railways and is due to retire shortly. Petitioners submit that all retiral benefits of the employee be paid to the petitioners and not to the retiring employee as the interest of the daughter would be adversely affected.
Sri Vivek Rai, learned counsel for the respondents states this petition is not maintainable in as much as the right to receive retiral benefits is of the employee concerned and the remedy of the petitioners, at best, would be to claim appropriate maintenance in proceedings to be instituted before the appropriate forum.
Objection of Sri Rai is liable to be sustained. Petitioners have no right to claim payment of retiral benefits due to the employee, in their accounts. It is the right of the retiring employee to receive retiral benefits. No direction, therefore, can be issued, as is prayed for, in this petition.
Writ petition fails and is accordingly dismissed.
Dismissal of this petition, however, will not preclude the petitioners from approaching appropriate forum for seeking maintenance etc. in accordance with law.
Order Date :- 26.8.2019 n.u.