IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5029 of 2008 DATE OF DECISION : 17.09.2009 Amit Kumar (Minor) through Mohinder Singh ... PETITIONER Versus The State of Haryana and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Vikram Singh, Advocate, for the petitioner. Mr. Sunil Nehra, AAG, Haryana, for respondent No.1. Mr. Raman B. Garg, Advocate, for respondent No.2. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner claims himself to be adopted son of Shri Kali Ram, who was an employee of Municipal Committee, Tarawari, District Karnal and had retired from the services of the Municipality in the year 2003. In this petition, the petitioner is seeking direction to the respondents to release all the service benefits of the deceased employee to him being his legal heir. In the written statement, filed on behalf of respondent No.2, it is stated that deceased Kali Ram was unmarried. He has retired from service on 30.6.2003, in pursuance of his request for voluntary retirement. After his CWP No. 5029 of 2008 -2- retirement, he was paid all his retiral benefits and nothing is due to him. It is the conceded position that after the retirement, the deceased remained alive for about 5 years and he died on 9.2.2008. After his death, the instant petition has been filed by the petitioner claiming himself to be his adopted son. Respondent No.2 in his written statement has specifically stated that deceased Kali Ram was paid gratuity vide cheque No. 654602 dated 18.12.2003. Similarly, he was also paid the leave encashment amount vide cheque No. 654603 dated 18.12.2003 and the final payment of GPF was paid to him vide cheque No. 785834 dated 12.9.2005. It has also been stated that besides this, the deceased employee was also paid the amount of arrears of the revised pay scales implemented in the Municipalities with retrospective effect vide cheque No. 785347 dated 3.8.2005. The petitioner is not in a position to controvert this factual position. In view of the fact that every service benefit was released to the employee during his life time, the petition filed by the petitioner claiming himself to be the adopted son of the deceased employee, for issuing direction to the respondents to release the service benefits of the employee, is totally frivolous. Hence, the same is, hereby, dismissed. September 17, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE