RAM CHANDRA NAUTIYAL Vs. DISTRICT MAGISTRATE, UTTARKASHI

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus, commanding the respondents to pay service dues of Km. Savitri Nautiyal, a deceased employee, in the office of Chief Development Officer, Uttarkashi.

(2.) HEARD learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit, on record.

(3.) BRIEF facts of the case are that, Km. Savitri Nautiyal, sister of the petitioner, was working as Village Development Officer, Dunda, in the office of the Chief Development Officer, Uttarkashi. She remained unmarried throughout her life and died as a spinster on 03.04.2008 (copy of the death certificate of Km. Savitri Nautiyal is annexed as Annexure -1 to the writ petition). Petitioners case is that being brother of the deceased he is the legal heir of the deceased employee. Apart from this, it has been stated that the deceased employee had nominated the petitioner as nominee in the nomination from the Death Cum Retirement Gratuity (copy of which is Annexure -3 to the writ petition). Similarly, he has been nominated in other papers. The petitioner has filed certificate issued by the Sub Divisional Magistrate, Dunda, on 11th of April 2008 (copy of which is Annexure -4 to the writ petition) stating that the petitioner is nearest relative of the deceased Savitri Nautiyal. It is stated in the writ petition that on 05.07.2008, petitioner made a representation to the respondent No. 2, claiming the dues of the deceased employee, but the same was not paid to him. Hence, this writ petition.