Shree Chandrashekhar, J. - (1.) THE petitioner has approached this Court seeking a direction for payment to him, the retiral benefits including the amount of G.P.F., gratuity, leave encashment, group insurance, etc. of one Gayatri Prasad Burnwal. The brief facts shorn of unnecessary details are that, one Gayatri Prasad Burnwal, who was appointed on compassionate ground on 12.07.1994, died on 24.10.2008. She executed a Will in favour of the petitioner on 12.04.2007 and the said Will was probated on 10.10.2012. She had also submitted an application on 19.03.2007 in the office and filled in the GPF Form nominating the petitioner in presence of two witnesses namely, Suresh Singh, Junior Field Investigator and Anil Dubey, B.S.S. In these facts, the petitioner has claimed that the retiral dues of said Gayatri Prasad Burnwal should be given to him.
(2.) A counter -affidavit has been filed denying the claim of the petitioner on the ground that, one Pratima Kumari, who was the adopted daughter of the said Gayatri Prasad Burnwal, has also raised a similar claim. Heard counsel for both the parties and perused the documents on record.
(3.) MR . K.P. Deo, the learned counsel appearing for the petitioner has submitted that, since the name of the petitioner was nominated by the deceased employee namely, Gayatri Prasad Burnwal in the GPF Form and she executed a Will in favour of the petitioner wherein also it has been specifically stated that the petitioner is nominated for receiving the retiral benefits of the said Gayatri Prasad Burnwal and since, the said Will has been probated by a competent Court of law therefore, the petitioner is entitled for payment of the retiral dues of the Gayatri Prasad Burnwal, to him.;