Madras High Court
A.Vasantha vs The Assistant Commissioner on 23 December, 2021
W.P.(MD)No.17597 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.17597 of 2018
A.Vasantha ... Petitioner
Vs.
1.The Assistant Commissioner,
Employees Provident Fund Organisation,
Bhavishyanidhi Bhavan,
Opposite to Lady Doak College,
Madurai 625 002.
2.The Managing Director,
The Metal Powder Company Limited,
Madurai Road Maravankulam,
Thirumangalam Taluk,
Madurai District.
3.A.Pandi ... Respondents
PRAYER:- Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing the first
respondent to pay the family pension from 25.06.2006 continuously
throughout petitioner's life and consequently direct the second
respondent to pay her due share of remaining death benefits of
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17597 of 2018
petitioner's deceased husband Asaithambi, died on 23.05.2006, by
considering her representation dated 30.01.2018 within the period as
stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen
For R1 : Mr.A.John Xavier
Standing counsel
For R2 : Mr.M.Saravanan
For R3 : Mr.B.Sekar
ORDER
The petitioner seeks a Mandamus directing the first
respondent, the Assistant Commissioner of Employees Provident Fund
Organisation (R1) to pay family pension from 25.06.2006 and also a
direction to the second respondent ie., the Managing Director, Metal
Powder Company Limited (R2) to pay the remaining death benefits of
one Asaithambi, who had passed away on 23.05.2006. She has also
made a representation for the aforesaid relief in her capacity as widow of
the deceased employee.
2. A rival claimant is the third respondent, who is the son of
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17597 of 2018
one Palaniammal with the said Asaithambi. R3 had approached the
District Munsif at Thirumangalam in O.S.No.367 of 2006 seeking a
permanent injunction restraining R2 from disbursing the death benefits to
the petitioner herein as well as the O.S.No.367 of 2006 for declaration
that only he would be entitled to receive the death benefits from the
employment of Asaithambi.
3. The Court had passed judgment and decree dated
17.04.2017, ratifying the marriage of Palaniammal and Asaithambi as
well as the fact that R3 is the son of Asaithambi. Thus, both the petitioner
as well as the R3 are legally entitled to the employment benefits of
Asaithambi.
4. What remains is for the parties to obtain necessary
documentation in this regard, including the legal heirship certificate, for
which the learned counsel for the petitioner would submit that the
process has been initiated.
5. In light of the aforesaid position, this Writ Petition is closed,
directing R1 and R2 to do the needful in terms of disbursal of the
retirement benefits as well as the family pension as claimed by both the
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17597 of 2018
petitioner and R3, within a period of eight weeks from the date of
production of all documents as may be necessary and sought for by the
authorities.
6. As far as O.S.No.261 of 2017 is concerned, R3 has
approached the District Munsif Court, Thirumangalam seeking partition
of the assets of Asaithambi including the retirement benefits. The present
order would protect the rights of both the parties as far as the retirement
benefits are concerned, and the suit will be contested in regard to other
assets only.
7. This Writ Petition is ordered as above. No costs.
23.12.2021
Internet: Yes
Index :Yes/No
Note : In view of the present lock down owing
to COVID-19 pandemic, a web copy of the
order may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17597 of 2018
To
1.The Assistant Commissioner,
Employees Provident Fund Organisation,
Bhavishyanidhi Bhavan,
Opposite to Lady Doak College,
Madurai 625 002.
2.The Managing Director,
The Metal Powder Company Limited,
Madurai Road Maravankulam,
Thirumangalam Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17597 of 2018
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17597 of 2018
DR.ANITA SUMANTH, J.
akv
Order made in
W.P.(MD)No.17597 of 2018
Dated:
23.12.2021
https://www.mhc.tn.gov.in/judis
