IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, P. DHANABAL, JJ
R.Pandiarani – Appellant
Versus
The Chennai Port Trust Rep. By its Chairman/Chief Executive Officer – Respondent
For the Appellant : Mr.S.Karthiai Balan For the Respondent : Mr.Haza Mohideen Gisthi JUDGMENT (Judgment of the Court was made by R.SURESH KUMAR, J.)
This intra-Court appeal has been directed against the order passed by the Writ Court dated 20.10.2022 made in W.P.No.15035 of 2017.
2. The tussle between the parties, that is the employee's legal heir and the employer, was that the second wife of the employee of the respondent would be entitled to get family pension. That was negated by the learned Judge of the Writ Court through the impugned order dated 20.10.2022, against which, the present appeal has been directed.
3. After some arguments by both sides, Mr.S.Karthikai Balan, learned counsel appearing for the appellant, on instructions, would submit that if at all the appellant approaches the competent Civil Court and get a declaratory decree or a certificate of legal heirship, as if the Authority certifying the second wife of the deceased employee as a legally entitled legal heir of the deceased employee to succeed the estate of the employee, including family pension benefits, at least in that case, it can be considered by the respondent Port Trust.
4. Mr.Haza Mohideen Gisthi, learned S
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