IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 19414 of 2010(B) -------------------------- PETITIONER(S): --------------- P.VINU, AGED 33 YEARS, S/O.M.M.PHILIP, MALLIPARAMPIL HOUSE, PERUMBAIKADU VILLAGE, NATTASSERI KARA, SH.MOUNT P.O, KOTTAYAM. BY ADV. SRI.RAJAGOPAL PADIPPURACKAL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, DEPARTMENT OF EDUCATION, KOTTAYAM. 3. THE DISTRICT EDUCATIONAL OFFICER, D.E.O OFFICE, KOTTAYAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, A.E.O. OFFICE, PALA-686575 GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.19414 of 2010 ---------------------------- Dated 21st July, 2010 JUDGMENT The petitioner is claiming the amount due to one deceased Amminikutty Jacob on the strength of Ext.P2 Will. The claim is for the retiral benefits due to the said Amminikutty Jacob. The contention of the petitioner is that by virtue of Ext.P2 Will he is entitled to receive the retiral benefits. Admittedly, the petitioner is not one among the eligible categories under Rule 71 of Part I of the Kerala Service Rules. Whatever that be, the claim of the petitioner to get such benefits including the provident fund is a matter to be decided at the first instance by the competent authority. Without approaching the authorities and exhausting the alternative remedies the petitioner cannot maintain this writ petition. Therefore, this writ petition is disposed of with liberty to the petitioner to approach the appropriate authority with the claim for disbursement of such benefits in the light of Ext.P2. In case the petitioner approaches the competent authority with such prayers, it is for the said authority to decide entitlement of the petitioner based on Ext.P2, in accordance with law. C.T.RAVIKUMAR Judge TKS