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2018 DIGILAW 1682 (JHR)

Deepika Tew v. Union Of India, Through Secretary Ministry Of Petroleum And Natural Gas

2018-08-01

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - The learned counsel for the respondent- Director, Indian Oil Corporation Limited states that Rs. 10 lacs has been paid to Deep Narayan Tew under the court''s order passed in Succession Certificate Case No.02 of 2014, however, the balance amount has been withheld because there is no order of the court. For justifying the respondent''s decision to withhold amount of other post-retiral benefits payable to father of the petitioners, the respondents have taken a stand that their names are not recorded in the service record of the employee- Late Narayan Tew. 2. In view of order passed in Succession Certificate Case No.02 of 2014, stand taken by the respondents is held arbitrary. Once the respondents have released Rs. 10 lacs to Deep Narayan Tew, may be by virtue of succession certificate issued by the court, they admit that the petitioner- Deep Narayan Tew is legal heir and successor of the deceased employee- Late Narayan Tew. 3. Mr. J.J. Sanga, the learned counsel for the petitioners submits that the petitioner- Deepika Tew who is sister of Deep Narayan Tew has no objection if remaining post-retiral benefits are paid to her brother- Deep Narayan Tew. 4. Accordingly, the Regional Director, Indian Oil Corporation Limited- respondent no.3 is directed to ensure payment of all admissible post-retiral benefits accrued on death of the employee- Late Narayan Tew to the petitioner- Deep Narayan Tew, on filing of an affidavit by his sister- Deepika Tew, within 4 weeks. If respondent no.3 fails to comply with this order, the petitioners shall be at liberty to initiate contempt proceeding against the respondent no.3. 5. These writ petitions stand allowed, in the above terms.