JUDGMENT
Hemant Gupta, J.
1. The petitioner, a widowed sister of Shri Ashok Kumar Malhotra, has sought the terminal benefits on account of death of her brother Ashok Kumar Malhotra, by way of the present writ petition.
2. It has been averred that Ashok Kumar Malhotra died on 5.9.2004. It has further been pointed that Ashok Kumar Malhotra had died issueless. His wife died earlier and that prior to his death, he did not adopt any son or daughter and, therefore, the petitioner being the only legal heir of late Ashok Kumar Malhotra, is entitled to the pensionary benefits of the deceased. Reliance is placed upon Rule 50 of the Central Civil Services (Pension) Rules, 1972 (for short ‘the Rules’) to assert that the petitioner, as a member of the family of the deceased, is entitled to the terminal benefits. It is also averred in the petition that the communication of the department to submit succession certificate is not tenable as there is no other legal heir, except the petitioner, who is entitled to claim the terminal benefits on account of death of her brother Ashok Kumar Malhotra.
3. We are unable to accept the contention of the petitioner that the petitioner is entitled to retiral benefits without obtaining the succession certificate. Rule 50 of the Rules, no doubt stipulates unmarried sisters and widowed sisters including the stepsisters as the member of the family, but she will be entitled to the terminal benefits only if the other legal heirs are not available. It has also come on record that the petitioner has four brothers and another sister.
4. The question, whether the petitioner is the legitimate heir of the deceased is a disputed question of fact, Which can only be decided in the succession proceedings and not in the present writ petition.
5. Consequently, we do not find any merit in the present writ petition so as to warrant interference by this Court in exercise of its writ jurisdiction.
6. Hence, the present writ petition is dismissed.