Charanjit Kaur And Others vs State Of U.T. Chandigarh And Others

Jagmohan Bansal, J

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking directions to respondents to release retiral/terminal dues of their mother.

Learned counsel for the petitioners INTER ALIA contends that mother of petitioners who was working as Peon with respondent passed away on 13.07.2014. The petitioners are three sisters and their brother passed away on 02.01.2010. The respondent despite repeated requests has not released terminal dues of their mother.

Learned counsel for respondents submits that respondent has no hesitation to release retiral/terminal dues of deceased employee, however, petitioners themselves have created hurdle by way of filing different affidavits disclosing different legal representatives.

From the perusal of record, it is evident that there are more than one legal representatives of the deceased employee. During the course of hearing, learned counsel for the petitioners confirmed that there was misunderstanding between siblings, thus, they could not properly lodge their claim and now they have amicably settled their grievances. There were three sisters and two brothers. One brother has passed away. They are willing to file affidavit of surviving legal representative(s) as well as legal representative(s) of deceased brother.

In the backdrop, the petition stands disposed of with liberty to petitioners to file fresh affidavit(s) disclosing particulars of legal representative(s) of deceased employee. They will also file affidavit(s) of legal representative(s) of deceased son of the deceased employee. The moment petitioners will comply with aforesaid direction, the respondent would process their case and make an endeavor to release retiral/terminal dues within two months from the date of completion of formalities at the end of petitioners.