SUNDARAMBAL Vs. COMMISSIONER CORPORATION OF CHENNAI

JUDGEMENT

(1.) THE petitioner's have filed the above writ petition seeking for a writ of mandamus to direct the respondents to pay the death-cum-retirement benefits of Late G.Krishnan to the petitioners herein as per the compromise decree passed by the learned XI Assistant City Civil Judge, Chennai in O.S.No.8959 of 1995 on 7.11.2000.

(2.) THE petitioners herein claimed themselves as legal heirs of Late G.Krishnan employed as Sanitary worker in the zone under the control of the 2nd respondent herein, the first respondent has over all control of all the Zones of the corporation of Chennai. THE said G.Krishnan died in harness on 24.5.1993 and the petitioners herein applied for death cum retirement benefits. One Thalammal also made rival claim stating her as legally wedded wife of the said G.Krishnan, hence the respondents directed the petitioner to produce succession certificate from the competent Court of law.

(3.) THE legal heirs alone are entitled to the benefits of the deceased employee and the compromise decree declaring the two persons namely the first petitioner and Thalammal as wives of the deceased G.Krishnan is forbidden by law and the respondents have rightly directed the petitioners to produce succession certificate without considering the compromise decree is perfectly in order.