1 IN THE HIGH COURT OF JDICATURE AT BOMBAY APPELLTE CIVIL JURISDICTION WRIT PETITION NO. 3147 OF 2009 Abrar Akilmiya Shaikh ......Petitioner Vs. The Government of India & others ...... Respondents Mr. R.M. Paranjpe with Kamlesh Hadkar for the Petitioner Mr. Suresh Kumar with N.D. Sharma for the Respondent No.1 CORAM : SMT. RANJANA DESAI AND A.A. SAYED, JJ. DATE : 1ST OCTOBER, 2009. P.C. 1 The petitioner has filed this petition through his natural guardian Smt. Hajrabi Akilmiya Shaikh. The petitioner’s father was working with the first respondent. According to the petitioner, his father died while on duty on the establishment of the 1st respondent on 27-12-2008. Various grievances are made in this petition. According to the petitioner proper medical aid was not provided to the petitioner’s father due to which he died of heart attack. The petitioner has prayed that a writ of mandamus be issued to the respondents to forthwith make arrangement of a full fledged hospital for the welfare and safety etc. of the workers at the place of work where the petitioner's father died along with a facility of life-van 2 ambulance as also permanent appointment and/or deputation of resident doctors in sufficient number looking to the number of the workers working over there. The petitioner has also prayed that the respondents be directed to forthwith release all the dues and compensation etc. which the petitioner's deceased father is entitled to. The petitioner has also prayed that he may be appointed in the establishment of the 1st respondent on compassionate ground. 2 So far as the petitioner's prayer for appointment on compassionate ground is concerned, the petitioner may have to approach the Central Administrative Tribunal, if he so desires. The law on this point is well settled by the Supreme Court in L. Chandra Kumar Vs. Union of India others.(1997) 3 SCC 261. That prayer therefore, cannot be granted by this Court. 3 So far as prayer that the dues of the petitioner's father should be released is concerned affidavit has been filed by N.J. Sunny, Deputy General Manager of the 1st respondent. In paragraph 25 of the said affidavit it is stated as under:- “The respondents further state that after the death of government servant, mother of the Petitioner is eligible to receive the following amounts towards pensionery accruals (a) D.C. R.G. : Rs. 4, 67,016 (b) G.P.F. accumulation : Rs. 12,60,447 (c) C.G.E.I.S. (i) Savings Fund : Rs. 29,804 (ii) Insurance Fund : Rs. 30,000/- 3 (e) Leave encashment : Rs. 1,14,624/- --------------------- : Rs. 19,61,891/- In addition to above accrual, widow of the deceased is also entitled to get Family Pension @ Rs. 6,100/- per month + Dearness Relief, which is presently @ 22% of basic pension." 4 Mr. Suresh Kumar learned Counsel for the respondent submitted that the dues of the petitioner's father will be released at the earliest in accordance with above quoted extract of the affidavit of Mr. N.J. Sunny. Learned Counsel for the petitioner states that till date the dues are not paid. In the circumstances we direct the respondents to expedite the matter and pay the said dues within a period of 3 months from today. 5 So far as prayer of the petitioner that there should be full fledged hospital for the welfare of the workers etc. is concerned the said prayer is a wide. It cannot be considered in this petition. The petitioner will be at liberty to adopt appropriate proceedings in that behalf which may include filing of substantiative petition on behalf of the workers. Needless to say that if such a petition is filed it will be dealt with in accordance with law. We have not expressed any opinion on this aspect. 6 Petition is disposed of in the aforestated terms. A.A. SAYED J. SMT. RANJANA DESAI, J. 4