J. SARASAMMA Vs. CHIEF SECURITY COMMISSIONER RAILWAY PROTECTION FORCE, SOUTHERN RAILWAYS, CHENNAI AND OTHERS

JUDGEMENT

(1.) The hapless mother of an employee of the Indian Railways, Sri.K.Sukumaran Nair (since deceased), has filed this writ petition, claiming ? .. "rd of the retiral benefits due to her deceased son.

(2.) Pithily stated, the petitioner's daughter-in-law predeceased her son and when her son also died, he was survived by his mother - the petitioner and his son - the 4th respondent herein. It however, transpires that subsequently another lady came to the scene claiming to be the wife of the petitioner's son and that the 5th respondent was their offspring from such a relationship.

(3.) This led to certain litigations between the parties, which finally culminated in Ext.P1 Award of the Lok Adalath, wherein it was agreed that out of the retiral benefits due to deceased Sri.K.Sukumaran Nair, ? .. "rd will be paid to the petitioner, while the other ? .. "rd will be paid in equal proportions to the 4th and 5th respondents respectively. The petitioner's allegation is that the Railways, in spite of this, had not paid her the ? .. "rd of the gratuity due to her son.