SAILABALA PANDA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is for issuance of direction upon the opposite parties to disburse the share of the petitioner in respect of the service benefits/dues from the ITBP authorities of late Sunil Kumar Panda, Constable/General Duty of Indo-Tibetan Border Police who is only son of the petitioner died on 1.6.2016 while in service which she is claiming in the capacity of mother of the deceased-employee and happens to be class-I legal heir.

(2.) The petitioner has tried to make out a case that she being the mother of the deceased-employee namely Sunil Kumar Panda who was working as Constable(General Duty) in the Indo-Tibetan Border Police died on 1.6.2016 in harness and as such she claims share upon the service benefits/dues of her deceased son on the ground of claiming as Class-I legal heir.

(3.) Learned counsel for the petitioner while pressing the writ petition has submitted that the petitioner is about 65 years and late Sunil Kumar Panda was her only son and due to premature death she is unable to maintain herself and as such she be given some portion of the share from the service benefits so that she may survive at this old age of life. He submits by refuting the argument and plea taken by the opposite party no.5 that the petitioner is getting pension on account of her husband who was also in Government service, he is admitting this fact but he submits that the petitioner is also to look after her widow daughter who is dependant, hence on the meager amount it is not possible to survive herself as also widow daughter, as such prayer has been made to consider the grievance sympathetically.