Devendra Kumar Arora, J. - (1.) Heard learned counsel for parties and perused the record.
(2.) By means of present writ petition, petitioners have inter-alia prayed for a writ in the nature of mandamus commanding the respondents to make payment of the post death benefits of Late Arvind Nath Srivastava together with 12% interest and to consider the petitioner no. 1 for appointment under Dying in Harness Rules, 1974.
(3.) Submission of learned counsel for the petitioners is that Late Arvind Nath Srivastava was a peon in High Court, Lucknow Bench, Lucknow who died on 26.5.2013 during service tenure. It has been averred in the writ petition that since the relations between Late Arvind Nath Srivastava and opposite parties no. 3 & 4 (wife and daughter of deceased) were strained and litigation were also going on between them, the deceased had deprived them from being nominee in the service record and he was looked after by petitioner no. 1. As the petitioner no. 1, Virendra Kumar Srivastava was male nominee in service record by the deceased he made an application to the Senior Registrar (opposite party no. 2) for payment of post death benefits of Late Arvind Nath Srivastava in their favour. On this application, the Joint Registrar (Accounts) of the Court vide letter dated 18.11.2013 asked for the Succession Certificate issued by the competent authority for payment of amount under Group Insurance Scheme.;