Petitioner filed a writ petition seeking death benefits for her husband who died in Railway service. The Court held the writ petition was not maintainable against the Railways and the appropriate forum was the Central Administrative Tribunal.
The writ petition is dismissed as not maintainable. No costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2015 CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.4702 of 2015
K.Indumathi
... Petitioner
Vs.
... Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the Petitioner's representation dated 28.01.2015 and sanction all death benefits viz., pension and other benefits in view of death of the Petitioner's husband M.Kalaiselvan, who died on 23.11.2013 while in service with respondents 1 and 2.
For Petitioner : Mr.K.Muraleedharan For Respondents : Mr.S.Manohar
O R D E R
The Writ petition has been filed seeking to issue Writ of Mandamus, directing the respondents to consider the representation dated 28.01.2015 and sanction all death benefits viz., pension and other benefits in view of death of my husband viz.,M.Kalaiselvan, who died on 23.11.2013 while in service.
2.Since the relief sought in the Writ petition is against the Railways, the Writ petition is not maintainable. The appropriate forum is Central Administrative Tribunal under the Administrative Tribunals Act, 1985, as per notification No.32.
3.Accordingly, the Writ petition is dismissed as not maintainable. No costs.
Sd/-
Assistant Registrar(T&P)
/True Copy/
Sub-Assistant Registrar
To
1.The Divisional Railway Manager, Divisional Office, Madurai Division, Madurai 625 010.
2.The Divisional Personnel Manager,
https://hcservices.ecourts.gov.in/hcservices/ Divisional Office, Madurai Division, Madurai 625 010. nbj RL/3 c- 15/6/2015 W.P.(MD)No.4702 of 2015
1 issue framed by the court
Whether a writ petition for death benefits against the Railways is maintainable in the High Court or before the Central Administrative Tribunal
K. Indumathi
The Divisional Railway Manager
The Divisional Personnel Manager
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
