IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) No. 886 of 2011 Smt. Kalpana Joshi and others. ………….Petitioners Versus Director, Defence Institute of Bio Energy Research (DIBER) and another. ……...Respondents. Present : Mr. Sanjay Bhatt, Advocate for the petitioners. Mr. V.B.S. Negi, Assistant Solicitor General of India for the respondents. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Sanjay Bhatt, Advocate for the petitioners and Mr. V.B.S. Negi, Assistant Solicitor General of India for the respondents. The petitioners are wife and children of a civilian working in a Defence Establishment. Evidently the relation between petitioner no. 1 and respondent no. 2 are strained and they are living separately. The children are also living with the wife. According to petitioner no. 1, she also receives maintenance of Rs. 6,000/- per month. Prior to the present writ petition, the petitioners had filed another writ petition before this Court claiming that she is still the wife of respondent no. 2 and being his wife, she is entitled to certain benefits, such as tuition fee, canteen facility, medical facility, etc. The said writ petition was disposed of by this Court vide order dated 5.4.2011 directing the petitioner to move a representation before the concerned authority i.e. Defence Institute of Bio Energy Research (DIBER), Hadwani. Consequently, the petitioner moved a representation before the concerned Authority, which was rejected on the ground 2 that the husband of the petitioner who is an employee of DIBER has refused to grant this relaxation to the petitioners. Aggrieved by this order, the petitioners have filed present writ petition with the following prayer: “I. A writ, order or direction in the nature of certiorari quashing the impugned order dated 05- 07-2011 passed by the Respondent No. 1 whereby the Respondent No. 1 has declined to pass any order on the representation submitted by the Petitioners in compliance of Judgment and order dated 05-04-2011 passed by this Hon’ble Court in Writ Petition No. 1248 (S/S) of 2010 Smt. Kalpana Joshi and others Versus Director, Defence Institute of Bio-Energy Research (DIBER), Goraparao, P.O. Arjunpur, Haldwani, District Nainital and another. II. Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 1 to release all the benefits of dependents of government employee such as medical facility, tuition fee, canteen facility, hostel fee etc. in favour of the Petitioners which are applicable as per service Rules. III. Issue any suitable writ, order or direction, which this Hon’ble court may deem fit and proper on the basis of the facts and circumstances of the case. IV. Award the cost of the petition to the Petitioner.” The Defence Establishment is represented by Sri V.B.S. Negi, Assistant Solicitor General of India who has stated before this Court that the Defence Establishment cannot on its own motion grant such relief unless and until such claim is raised by the husband. Since this has not been done, DIBER is unable to grant such relief to the petitioners. On these set of facts, the reliefs which have been presently claimed by the petitioner in the present writ petition cannot be granted to the petitioner. The only remedy available to the petitioner is to raise such 3 grievance either before the Family Court or Civil Court, if they are so advised. The writ petition is dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 21.7.2011 Rathour