High Court of DelhiW.P.(C)/3644/2016

Bibi Hajra Khatoon v. Delhi Transport Corporation & ORS

2016-04-29Hon'Ble Mr. Justice V.P.Vaish2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3644/2016 BIBI HAJRA KHATOON ..... Petitioner Through:

Mr. Naushad Alam with Mr. Jitender Bharti, Advocates.

versus DELHI TRANSPORT CORPORATION & ORS.

..... Respondents Through:

Ms.

Avnish Ahlawat with Mr.

Saurabh Chadda, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE V.P.VAISH

O R D E R

% 29.04.2016 C.M. Appl. No.15574/2016 Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P. (C) No.3644/2016 & C.M. Appl. No.15573/2016 The petitioner has filed the present petition under Article 226 of the Constitution of India seeking direction to respondent No.1 to release the amount/ benefits up to the extent of 1/3rd lying with respondent No.1 accrued on demise of his brother namely Mohd. Wasim Ahmed in favour of petitioner.

Learned counsel for the petitioner submits that brother of the petitioner Mohd. Wasim Ahmed was employed with respondent No.1, Delhi

Transport Corporation as a Peon and he expired on 14.10.2015. He also submits that the father and mother of Mohd. Wasim Ahmed had predeceased him and he was unmarried. The petitioner being one of the legal heirs moved an application to the respondents for release of the benefits/ amount to the extent of 1/3rd of his share vide letter dated 10.03.2016 and the same is pending.

Ms. Avnish Ahlawat, Advocate appearing on behalf of respondent No.1 on advance notice submits that representation of petitioner dated 10.03.2016 shall be decided within a period of four weeks. Ms. Naushad Alam, learned counsel for the petitioner submits that he is satisfied if the petition and application are disposed of with direction to respondent No.1 to decide the petitioner's representation dated 10.03.2016. In view of the submission made counsel for the parties, it is deemed appropriate to dispose of the petition as well as application with directions to respondent No.1 to decide the representation of the petitioner dated 10.03.2016 within four weeks and the decision thereof shall be communicated to the petitioner within one week thereafter. The petition as well as application stand disposed of. V.P.VAISH, J APRIL 29, 2016 hs