IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14894 OF 2011 Between: Smt. K. Lalita & 2 others ..... Petitioners AND Secunderabad Cantonment Board, Rep. by The Chief Executive Officer, Office of the Cantonment Board Court Compound, S.P. Road, Secunderabad, Hyderabad District & 3 others ..... Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14894 OF 2011 ORDER: This Writ Petition is filed to declare the inaction of the respondents in not settling the respective shares of the petitioners arising out of pensionary and terminal benefits on account of the death of K. Shankar Rao, Employee Code No.1179, as being illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to pay their respective shares to the petitioners. 2. The first petitioner claims to be the second wife of the deceased K. Shankar Rao and petitioners 2 and 3 are the children born through the said K. Shankar Rao. Admittedly, the said K. Shankar Rao died on 31.08.2010 while he was in service. 3. The grievance of the first petitioner is that she is also entitled for the terminal benefits of the deceased employee. For that purpose, after the death of her husband, she made representations, dated 10.09.2010 and 13.09.2010, to the first respondent to release pension and terminal benefits accrued in favour of the deceased K. Shankar Rao to the petitioners, by duly submitting the Legal Heir Certificate issued by the competent authority and the same has not been taken into consideration. Whether the first petitioner is the second wife and petitioners 2 and 3 are the children of the first petitioner born through the deceased K. Shankar Rao are the matters required to be decided by competent civil Court basing on the evidence that may be produced by the first petitioner. That being the question of fact, it cannot be decided even by respondents. Admittedly, first petitioner/the second wife is not entitled for the terminal benefits, but according to the learned counsel for the petitioners, even the illegitimate children are entitled for a share in the terminal benefits of the deceased employee. That aspect of the case has to be decided by the competent Civil Court but not by this Court exercising the powers under Article 226 of the Constitution of India. The Writ Petition is devoid of merits and is liable to be dismissed. 4. Accordingly, the Writ Petition is dismissed giving liberty to the petitioners to approach the competent Civil Court in obtaining Succession Certificate so as to claim the retirement and death benefits of the deceased employee. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 7th June, 2011 KL HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14894 OF 2011 7th June, 2011 KL