Thottathil B. Radhakrishnan, J.
We have heard the learned senior counsel for the appellants, the learned senior counsel for the contesting respondent, who was the writ peetitioner, and the learned counsel for BSNL.
2. One Sri. Bhadran Pillai died while serving BSNL. The materials on record show that there are disputes between the writ petitioner Pushpalatha and the siblings of late Bhadran Pillai.
The jurisdictional Tahsildar issued an heirship certificate showing Pushpalatha as among the heirs. The writ petition was filed essentially seeking relief on the strength of that legal heirship certificate. At the same time, there are civil suits pending between the parties. One is for a declaration impeaching the professed status of Pushpalatha as the widow of Bhadran Pillai.
3. The short issue that needs to be decided in this writ appeal is as to whether the learned single Judge is justified in issuing the impugned directions after excluding notice of hearing to the writ appellants. Whatever be the quality of a legal heirship certificate, the fact of the matter remains that there are suits between the parties on questions relating to the relationship. Under such circumstances, we are of the view that the writ petition ought to have been decided only after the writ appellants were given opportunity to contest the same and for placing materials on record.
4. However, we see that Bhadran Pillai died in 2011. The writ petitioner is stated to be around 38 years of age. Whatever be the issues relating to the disbursement of retiral benefits and other dues, the writ petitioner Pushpalatha is also aspiring to get an appointment on compassionate ground. Therefore, following this judgment when the matter gets listed before the learned single Judge, we request that efforts may be made at that end to expedite and dispose of the matter finally at the earliest.
In the result, the impugned judgment is vacated without expressing anything on merit paving the way to the writ appellants to file their counter affidavits to the writ petition. Let this be done on or before 7.1.2015. List the writ petition before the learned single Judge on 12.1.2015. This writ appeal is disposed of accordingly.
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THOTTATHIL B. RADHAKRISHNAN JUDGE ks.
True copy Sd/-
BABU MATHEW P. JOSEPH JUDGE P.S.To Judge