1. Daughters of a Sub Divisional Engineer, Transmission Unit, Office of the Director, Bharat Sanchar Nigam Ltd., (BSNL), Chennai, claiming themselves as legal heirs, entitled to the terminal benefits, on account of the death of their father, have sought for a Mandamus, directing to the respondents 1 to 3 to pay the same. The 4th respondent is the brother of the deceased, in whose favour, the nomination has been made, by the employee.

2. According to the petitioners/daughters, their father expired on 31.03.2002, in harness. The marriage between their parents was dissolved by a decree of divorce in 1989. As per the Hindu Succession Act, they are the Class-I heirs and that even if there was any dissolution of marriage between the parents, the right of the children, to seek for retiral benefits, will not be taken away by such dissolution. They also submitted that the 4th respondent, younger brother of their father has staked his claim for the terminal benefits, and due to his illegal claim, terminal benefits have not been sanctioned so far.

3. Petitioners have also submitted that the 4th respondent had already received a sum of Rs.5,000/- and since there was an attempt to with