SAIRA HAMID KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD.

(2.) BY means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the respondents to release family pension as well as death -cum -retiral dues of Late Abdul Hamid Khan.

(3.) IN the counter affidavit filed on behalf of the respondents, it has been stated that an Original Suit No. 727/2012 has been filed by the mother of the deceased, alongwith first wife of the deceased and son of the deceased which is pending before the Addl. Civil Judge (Sr. Div) Court No. 2, Aligarh, Uttar Pradesh. A copy of the order dated 27.11.2013 passed by the said Court has been annexed as Annexure I to the counter affidavit, whereby, the application under 7C 2 for interim relief has been disposed of by a reasoned order directing the respondents not to release the service benefits of the deceased. By the said order, it is also clear that even the present writ petitioner who is defendant No. 4 before the Civil Court of Aligarh has been restrained from taking service benefits. The said suit is stated to be still pending.