- (1.) HEARD Shri Abhay Kumar Mishra, learned counsel for the petitioner and Shri Siddhartha Ranjan, learned counsel for the respondent Board.
(2.) THE petitioner in this writ application, has prayed for a direction upon the respondents to pay him the amount of retiral benefits together with penal interest, which was payable in the account of his deceased uncle Jeevan Munda. The contention of the petitioner is that late Jeevan Munda was employed under the respondent Board and after his death, the petitioner happens to be the sole surviving legal heir and successor of the deceased employee. For confirmation of this fact, the petitioner had also obtained a certificate from the Circle Officer which he had filed along with his claim for payment of the amount of retiral benefits. But the respondents have not accepted his claim, on the ground that the petitioner is yet to satisfy his claim for the amount.
(3.) COUNSEL for the respondent Board, while inviting attention to the several paragraphs of the counter -affidavit, makes two fold arguments. Firstly, that the deceased employee having retired in 1988, died in 1989 and thereafter, no one came forward to claim the retiral benefits of the deceased employee. The petitioner had filed his claim some time in the year 1993 and in response, he was called upon to submit the necessary proof in confirmation of his claim that he is the sole surviving legal heir and successor of the deceased employee, but the petitioner has not filed any such legally acceptable proof and therefore, the amount could not possibly be released in his favour.;