LAWS(MEGH)-2014-6-8

CHANDRA MAYA Vs. UNION OF INDIA

Decided On June 09, 2014
Chandra Maya Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment and order of the learned Single Judge dated 10.05.2012 in WP(C)(SH) No. 377/2010, filed by the present appellants/writ petitioners, wherein and where -under, the learned Single Judge had directed the official respondents to release the amount of gratuity and group insurance, GPF etc. to the respondent No. 5 and also the appellant/writ petitioner No. 1 being duly appointed as guardian of minor appellants/writ petitioners can receive the amount of pension on behalf of them. Further the respondent No. 5 being the mother and natural guardian of her minor daughter shall receive the share of family pension for herself and on behalf of her minor daughter and the appellants/writ petitioners No. 2 & 3, youngest son of the deceased Rohit Limboo and respondent No. 5 and her daughter Seema Limboo, each are entitled to get equal share i.e. 1/5 (one fifth). The operative portions of the judgment and order dated 10.05.2012 reads as follows: -

(2.) DURING the pendency of the writ appeal, the respondent No. 5 had expired leaving behind her minor daughter Miss. Seema Limboo. In the course of hearing of the present writ appeal, we have given our anxious consideration to the judgment and order of the learned Single Judge (impugned judgment and order) dated 10.05.2012 and we are of the considered view that no inference is called for.

(3.) THE respondents are directed to ensure that the amount of gratuity and group insurance, GPF etc. for the deceased Ashok Limboo are to be equally distributed as per the directions of the learned Single Judge in her judgment and order dated 10.05.2012 i.e. Para 10 of the said judgment and order, which had been quoted above in extenso.