THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.20378 of 2011 ORDER: One Sri B.Pampapathy, working as Line Inspector in the Andhra Pradesh Central Power Distribution Company Limited, respondent No.1 herein, died on 18.02.2011 while in service. Claiming to be the son and wife of the deceased employee, the petitioners approached the respondents for releasing the pension and other benefits in their favour. This writ petition is filed alleging that the respondents did not take any steps on the representation made by the petitioners. On behalf of the respondents, a counter-affidavit is filed. It is stated that petitioner No.2 is the second wife of the deceased employee, and the children of the deceased employee through first wife have already approached them claiming the benefits. The respondents contend that unless the disputes inter se the legal heirs of the deceased employee are resolved through a Court of law, they cannot be expected to act upon the representation of the petitioners. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents. Had there not been any dispute as to the legal status of the petitioners vis-à-vis the deceased, there would not have been any difficulty for this Court to direct the respondents to extend the death-cum-retirement benefits to the petitioners. The petitioners do not dispute that the deceased employee had children through his first wife and they too have made claims for the said benefits. Unless such disputes are resolved through a Court of law, the respondents cannot be expected to act upon. Even now, the petitioners can approach a civil Court by filing a petition under Section 372 of the Indian Succession Act and compel the respondents to honour the decree, which they may obtain in such proceedings. It is needless to mention that the petitioners shall implead the children of the deceased employee through first wife, to the said proceedings. Hence, the writ petition is disposed of, leaving it open to the petitioners to approach a civil Court for grant of succession certificate vis-à-vis the death-cum-retirement benefits of late B.Pampapathy, duly impleading the other affected parties and work out their remedies in accordance with the decree that may be passed therein. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:01.08.2011 kdl