A. SRIDEVI Vs. SUPERINTENDING ENGINEER, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD. (TANGEDCO)

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the respondent to disburse the terminal benefits in accordance with the decree and judgement dtd. 27/9/2012 in O.S.No.78 of 2005, District Munsif Court, Palani and consider the petitioner for compassionate appointment in the respondent Department.

(2.) The petitioner states that her father died on 1/11/2004 and she made an application on 8/11/2004, requesting appointment on compassionate grounds. The deceased employee had two wives and the petitioner is the daughter of the first wife and the second wife also has got two sons. Thus, there was a family dispute and the parties approached the Civil Court by filing O.S.No.78 of 2005 on the file of the District Munsif Court, Palani. The Suit was decreed on 27/9/2012 and the petitioner states that she was declared as a legal heir of the deceased employee and entitled to 1/4th share in the terminal benefits of the deceased employee.

(3.) The present writ petition is filed, seeking implementation of the decree passed by the Civil Court. The decree passed by the Civil Court cannot be executed by filing a writ petition before the High Court under Article 226 of the Constitution of India. Decrees are to be executed only by following the procedures contemplated under the Code of Civil Procedure and therefore, the petitioner if at all aggrieved, has to approach the competent Civil Court under the Code of Civil Procedure. Thus, the very relief sought for in the present writ petition to direct the respondents to disburse the terminal benefits as per the decree in O.S.No.78 of 2005 is untenable.