Madras High Court
J.A.Prema vs The Accountant General (A & E) on 23 February, 2021
W.A.(MD)No.356 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.02.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.356 of 2020
and
C.M.P.(MD)No.2465 of 2020
J.A.Prema ... Appellant
Vs.
1.The Accountant General (A & E),
O/o. the Principal Accountant General (A & E),
No.61, Anna Salai, Teynampet,
Chennai – 600 018.
2.The District Collector,
Collectorate Campus,
Tirunelveli,
Tirunelveli District.
3.The Tahsildar,
Nanguneri Taluk,
Tirunelveli,
Tirunelveli District. ... Respondents
Prayer : Writ Appeal filed under Clause 15 of the Letter Patent, against the
dated 23.10.2018, passed in W.P.(MD)No.21442 of 2018.
For Appellant : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For R1 : Mr.P.Gunasekaran
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W.A.(MD)No.356 of 2020
For R2 and R3 : Mr.K.P.Krishnadoss
Special Government Pleader
*****
JUDGEMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This Writ Appeal has been preferred by the appellant, being the wife
of the deceased, seeking the family pension. By the impugned proceeding dated
27.09.2018, the request made by the appellant was rejected on the ground of
non-mentioning any person as nominee in the Service Register. Incidentally,
the deceased employee has also indicated that he has no other legal heirs, except
the married son. The learned Single Judge dismissed the Writ Petition and
hence, the Writ Appeal.
2.The learned counsel appearing for the appellant submitted that the
factum of marriage is not in dispute. Even if we assume that the husband of the
appellant did not want the money to be paid to her, law facilitates the payment.
She has got two children, born out of the wedlock. Reliance has been made on
the Death Certificate of the first wife, Marriage Certificate of the appellant,
Death Certificate of the appellant's husband, Legal Heirship Certificate issued
by respondent No.3, Pension Book, Aadhaar Card and Family Card of the
appellant.
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W.A.(MD)No.356 of 2020
3.We find force in the submission made by the learned counsel
appearing for the appellant. Even the learned Single Judge has taken note of the
fact that the appellant married the deceased employee. The inter se dispute was
between the deceased and the appellant and the deceased cannot prevent her in
getting his service benefits in view of the status as wife, leading to two children
born out of the wedlock. The marriage with the appellant has taken place
admittedly after the death of the first wife. In any case, the respondents cannot
withhold the amount. The children born out of the wedlock are minor children.
The other son born out of the first marriage is not entitled to the said benefit, as
he is a major and having married and completed 25 years of age already. Thus,
in the light of the above, we are of the view that for non-inclusion of the name
of the appellant in the Service Register will not disentitle her in getting the
relief.
4.In such view of the matter, this Writ Appeal is allowed and the order
of the learned Single Judge, dated 23.10.2018, made in W.P.(MD)No.21442 of
2018, is set aside and the Writ Petition is allowed. The respondents are directed
to make the payment due after satisfying with the records to be produced by the
appellant, which will have to be done within a period of two weeks from the
date of receipt of a copy of this judgment. In any case, the misunderstanding
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W.A.(MD)No.356 of 2020
between the appellant and the deceased shall not have any impact on the
children born out of the wedlock. The nomination is only to distribute the
amount and the same will not have any bearing on the entitlement long time
back. No costs. Consequently, connected Miscellaneous Petition is closed.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes 23.02.2021
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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.
To
1.The Accountant General (A & E),
O/o. the Principal Accountant General (A & E),
No.61, Anna Salai, Teynampet,
Chennai – 600 018.
2.The District Collector,
Collectorate Campus,
Tirunelveli,
Tirunelveli District.
3.The Tahsildar,
Nanguneri Taluk,
Tirunelveli,
Tirunelveli District.
http://www.judis.nic.in
W.A.(MD)No.356 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
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W.A.(MD)No.356 of 2020
23.02.2021
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