RAGESH KUMAR Vs. NATIONAL COMMISSION FOR SCHEDULE CASTES

JUDGEMENT

(1.) The petitioner has filed the preset writ petition under Article 226 of the Constitution of India praying for issuance of a writ setting aside the orders dated 18.02.2008 and 07.05.2008 and directing the respondents to release the remaining amount of DCRG & GPF in favour of the petitioner.

(2.) The brief facts of the case are that late Mr. Ravinder Kumar (herein after referred to as the deceased) was the elder brother of the petitioner and was working as a private secretary to the respondent No. 1/Commission. The deceased was posted in Delhi and according to the petitioner during the course of employment he completed the nominations regarding disbursement of his retirement benefits i.e. DCRG, GPF and other dues that may have accrued during his tenure. At the time of filing the said nominations in the form meant for DCRG under Rule 53(1) of CCS (pension) Rules, 1972 the deceased specifically mentioned that the same be disbursed between his two minor unmarried brothers i.e. the petitioner and Mr. Yatinder Kumar in equal shares and he further clarified that incase Mr. Yatinder Kumar predecease his share be given to the surviving nominee i.e. the petitioner.

(3.) In the year 1995 the deceased got married to Mrs. Suman (hereinafter referred to as respondent No. 2) however, according to the petitioner, the relationship between the two was not cordial. On 18.04.2000 the deceased committed suicide and left behind his wife, parents and his two brothers. Immediately after the deceased committed suicide his brother Mr. Yatinder Singh left the house on 22.04.2000 in a state of depression, a missing report was lodged by his family in the local police station but he could not be traced.