Madras High Court
D.Noorul Ameen (Tro 749) vs The Administrator on 19 January, 2021
W.P.No.925 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.925 of 2021
(Heard through VC)
D.Noorul Ameen (TRO 749) .. Petitioner
-vs-
1.The Administrator,
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare
Fund Scheme Trust,
Tiruvallur Illam, Pallavan Salai,
Chennai - 600 002.
2.The Managing Director,
Tamil Nadu State Transport Corporation,
Salem Division, No.12, Ramakrishna Road,
Salem - 636 007.
3.The General Manager,
Tamil Nadu State Transport Corporation,
Salem Division, No.12, Ramakrishna Road,
Salem - 636 007.
4.The Assistant Manager (Pension),
Tamil Nadu State Transport Corporation,
Salem Division, No.12, Ramakrishna Road,
Salem - 636 007. .. Respondents
Prayer: Petition filed under Article 226 of Constitution of India to issue
a Writ of Mandamus directing the respondents to effect necessary entry
in the petitioner's Service Register, by including the name of his legally
wedded second wife Mrs.Fathima as his dependant/Nominee to receive
such benefits arising after his lifetime.
1/4
https://www.mhc.tn.gov.in/judis/
W.P.No.925 of 2021
For Petitioner : Mr.P.M.Subramanian
For Ms.S.Girija
For Respondents : Mr.D.Raghu
2 to 4
ORDER
The petitioner has come up with this writ petition seeking a
direction to the respondents to effect necessary entry in the petitioner's
Service Register, by including the name of his legally wedded second
wife Mrs.Fathima as his dependant/Nominee to receive such benefits
arising after his lifetime.
2. Mr.D.Raghu, learned counsel takes notice on behalf of the
respondent Nos.2 to 4. By consent of both parties, the writ petition is
taken up for final disposal at the admission stage itself.
3. The petitioner was an employee of the Tamilnadu State
Transport Corporation, Salem Division and he gave the name of his first
wife to get the terminal benefits in the event of his demise during
service or thereafter. As there was a rift in their relationship, they got
separated and moved for divorce. By consent of the parties, the Family
https://www.mhc.tn.gov.in/judis/
W.P.No.925 of 2021
Court, Salem granted divorce on 09.09.2019 in O.S.No.11 of 2015.
Waiting for the verdict for a prolonged time, with the hope of getting
happiness, he married for the second time on 18.12.2019, which got
registered and the second marriage is a valid marriage. The petitioner
has made a representation on 21.11.2020, requesting the respondent
to delete the name of the first wife and include the name of the second
wife, who is legally married on 18.12.2019 after the judgment and
decree of divorce with the first wife on 09.09.2019.
4. The request of the petitioner appears to be genuine. Hence,
the respondents are directed to consider the request of the petitioner, if
not already considered, positively within a period of thirty days from
the date of receipt of a copy of this order.
5. With the above directions, the writ petition is disposed of.
No costs.
19.01.2021
Index : Yes/no
Speaking order : Yes/No
rsi
https://www.mhc.tn.gov.in/judis/
W.P.No.925 of 2021
S.VAIDYANATHAN, J.
rsi
To
1.The Administrator,
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare
Fund Scheme Trust,
Tiruvallur Illam, Pallavan Salai,
Chennai - 600 002.
2.The Managing Director,
Tamil Nadu State Transport Corporation,
Salem Division, No.12, Ramakrishna Road,
Salem - 636 007.
3.The General Manager,
Tamil Nadu State Transport Corporation,
Salem Division, No.12, Ramakrishna Road,
Salem - 636 007.
4.The Assistant Manager (Pension),
Tamil Nadu State Transport Corporation,
Salem Division, No.12, Ramakrishna Road,
Salem - 636 007.
W.P.No.925 of 2021
19.01.2021
https://www.mhc.tn.gov.in/judis/
