IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) NO. 1248 of 2010 Smt. Kalpana Joshi and others. . …………..Petitioners. Versus Director, Defence Institute of Bio-Energy Research (DIBER), Goraparao, P.O. Arjunpur, Haldwani, District Nainital and another. ………Respondents. Present: Mr. Sanjay Bhatt, Advocate for the petitioners. Mr. Amit Kapri, Advocate for respondent no. 2. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. Sanjay Bhatt, Advocate for the petitioners and Mr. Amit Kapri, Advocate for respondent no.2. Petitioner no. 1 is the wife and petitioner nos. 2 and 3 are the children of respondent no. 2. This writ petition has been filed by the petitioners seeking a writ, order or direction in the nature of mandamus commanding the respondent namely Director, Defence Institute of Bio- Energy Research (DIBER), Goraparao, P.O. Arjunpur, Haldwani, District Nainital to give the service benefits, which are applicable to them as wife and children of respondent no. 2. Admittedly, the relationship of petitioner no. 1 and respondent no. 2 is strained. They are living separately. Petitioners claim that being family member of a Government Servant, they are entitled to certain relief such as Medical Facility, Tuition-Fee, Hospital Fee, etc., which is evident from the letter dated 2nd March, 2010, however, the same can only be given if such a requisition is made by the husband of petitioner 2 no.1. Since this has not been done, these benefits have been denied to the petitioners. Sri Amit Kapri, learned counsel for respondent no. 2 states that the writ petition be disposed of with the direction to respondent no. 1 i.e. Director, Defence Institute of Bio-Energy Research (DIBER) to hear petitioner no. 1 as well as respondent no. 2 and pass appropriate orders. Since Director, Defence Institute of Bio-Energy, Research (DIBER) sits at Haldwani, the writ petition is disposed of with the direction that the petitioners shall make a representation before the Director, Defence Institute of Bio-Energy Research (DIBER), Goraparao, P.O. Arjunpur, Haldwani, District Nainital, who shall pass an appropriate order after hearing petitioner no.1 and respondent no. 2. Writ petition is disposed of accordingly. No order as to costs. (Sudhanshu Dhulia, J.) 05.4.2011 Rathour