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Judgment
P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:
"(a)To direct respondents 1 to 4 not to disburse the terminal benefits due to the deceased sister of the applicant in favour of the 5th respondent;
(b)To declare that the 5th respondent is not entitled to any terminal benefits due to the applicant's sister dying in harness;
(c)To declare that the applicant is the sole beneficiary to all terminal benefits due to his deceased sister;
(d)To direct the 2nd respondent to consider and pass orders on Annexure A7 representation submitted by the applicant after affording an opportunity of personal hearing to the applicant;
(e)To issue such other orders or direction as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case;
Brief facts of the case are as follows: The applicant is the sole brother of the deceased Smt.Abida Beevi A. who died in harness while working as Postal Assistant at the Head Post Office, Pathanamthitta. Before her death, the deceased has executed a deed in favour of the applicant bequeathing all of her property including her DCRG and GPF amounts to the applicant. The applicant found that the 5th respondent has disguised himself as the brother of the deceased and submitted applications for disbursal of the terminal benefits of the deceased in his favour and has even managed to get the same processed. Further, the applicant has submitted Annexure A7 representation before the 2nd respondent pointing out the fact that the application of the 5 th respondent is a fraud one. The 2nd respondent is liable to be directed to consider Annexure A7 and not to disburse the terminal benefits of the deceased in favour of the 5 th respondent. Hence, the applicant has approached this Tribunal praying for the above reliefs.
When the matter came up for consideration, it appears that the representation of the applicant at Annexure A7 is pending before the Competent Authority and it is not disposed of till date.
Adv.Mr.N.Anilkumar,SCGSC takes notice on behalf of the respondent nos.1 to 4 and submits that he has no objection in disposal of the representation.
In view of the above submission, the competent authority is directed to consider Annexure A7 representation in the light of relevant rules, regulations, guidelines and various documents produced by the applicant and pass a speaking order within a period of two months from the date of receipt of a copy of this order. Till that time the benefits may not be released, if not released so far.
The Original Application is disposed of as above at the admission stage itself. No costs.
Issue a copy of this order to learned counsel for the respondents today itself.
