HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 18023 of 2010 ORDER: Seeking for issuance of a Writ of Mandamus to declare the action of the respondents in not paying the retirement benefits of the petitioners as illegal and arbitrary, the petitioners filed the present writ petition. The petitioners were appointed as Conductors in the respondent-Corporation. They retired from service on 30.6.2008 and 30.4.2007 respectively, on attaining the age of superannuation. It is stated that while they were working as Conductors, the third respondent issued charge sheet alleging that they have accepted fake police warrants and caused loss to the Corporation. Thereafter, the third respondent issued proceedings dated 16.8.2002 imposing the punishment of removal from service. Challenging the same, the petitioners instituted I.D. Nos. 10 and 11 of 2002 before the Labour Court, which ended in dismissal. Aggrieved by the same, the petitioners filed Writ Petition Nos. 26258 of 2003 and 26259 of 2003 before this Court and those writ petitions were allowed in part by setting aside the orders of removal. The respondents were also directed to reinstate the petitioners into service immediately, if they had not attained the age of superannuation by that date. However, the petitioners were imposed with the punishment of stoppage of two increments with cumulative effect. Now, the petitioners filed the present writ petition seeking payment of retiremental benefits. Learned counsel for the petitioners contended that even though they submitted the documents to the respondents by Registered post with acknowledgment due and even though they have been visiting the office of respondents regularly, the respondents are not releasing the retirement benefits. A counter affidavit has been filed by the respondents wherein the respondents have stated that the petitioners have never approached them and signed on the claim forms in the presence of Section in-charge. It is further stated that if the petitioners attend the office personally on any working day and submit their claim forms, they would process the same and settle their claims. The averments made in the counter affidavit would clearly go to show that even though the petitioners were called upon to submit their claim forms for settling their claims under Certificate of posting, the petitioners never approached the respondents. The averments in the counter affidavit remain unchallenged. The retiremental benefits shall be given to the right person. Identity of retired person has to be established before processing the papers. For that purpose, he must attend the office and sign the claim form and such other documents which are required to grant retirement benefits. This would safeguard the interests of petitioners. Therefore, the writ petition is disposed of directing the petitioners to approach the respondent-Corporation on any working day and submit their claim forms personally by signing the same in the presence of the concerned Section In-charge. No costs. ______________ K.C. BHANU,J DATE: 19th April, 2011 pnb