J.Kalavathi v. R.Jayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 13.10.2020

CORAM

THE HON'BLE MR. JUSTICE V.PARTHIBAN Writ Petition No.14717 of 2020 and W.M.P.No.18287 of 2020 J.Kalavathi

...Petitioner

Vs.

1. R.Jayakumar

2. The Senior Deputy General Manager, Southern Railways, Park Town, Chennai - 600 003.

...Respondents

Writ Petition filed under Article 226 of Constitution of India, for issuance of writ of mandamus directing the 2nd respondent and his relevant subordinate Officer to withhold the payment of 30% of the retirement benefits of 1st respondent payable to the petitioner, as per undertaking of 1st respondent, and do not disburse the same without consent and permission of the petitioner.

For Petitioner : Mr.E.Udayachander For Respondents: Mr.P.T.Ramkumar Standing Counsel

ORDER

This writ petition is concerning the payment of a portion of the retirement benefits admissible to the 1st respondent payable to the petitioner. According to the petitioner, she is entitled to payment of portion of retirement benefits as a wife of the first respondent. The first respondent, according to the petitioner, was an employee of the second respondent working in the position as clerk.

2.The issue pertains to the Central Government Services and therefore, only Central Administrative Tribunal alone has jurisdiction and not this Court. Therefore, this writ petition https://hcservices.ecourts.gov.in/hcservices/

is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Senior Deputy General Manager, Southern Railways, Park Town, Chennai - 600 003.

+1cc to Mr.P.T.Ramkumar, Advocate, S.R.No.34088 W.P.No.14717 of 2020 PA(CO) RV(09/11/2020) https://hcservices.ecourts.gov.in/hcservices/