Madras High Court
P.Packiyaraj vs The Accountant General on 12 July, 2021
W.P(MD)No.10322 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.10322 of 2021
P.Packiyaraj ... Petitioner
vs.
1.The Accountant General,
(Accounts and Entitlements),
Government of Tamil Nadu,
No.361, Anna Salai,
Chennai – 600 018.
2.The Superintendent of Police,
Virudhunagar District,
Virudhunagar. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, to call for the records of the
impugned order passed by the first respondent vide proceedings in Pen
5/I/pt.No.14828/2020-21, dated 21.04.2021 and quash the same as illegal
and arbitrary and consequently, direct the first respondent to include the
petitioner's second wife's name Jeya in Pension Payment Order.
For Petitioner : Mr.A.Balaji
For R – 1 : Ms.S.Mahalakshmi
For R – 2 : Mr.K.S.Selva Ganesan
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10322 of 2021
ORDER
The petitioner has filed the present Writ Petition, to quash the
impugned order passed by the first respondent, dated 21.04.2021 and to
direct the first respondent to include the petitioner's second wife's name
Jeya in Pension Payment Order.
2.Heard Mr.A.Balaji, learned counsel appearing for the petitioner,
Ms.S.Mahalakshmi, learned counsel appearing for the first respondent and
Mr.K.S.Selva Ganesan, learned Government Advocate appearing for the
second respondent.
3.The petitioner was appointed as Grade – II Police Constable and
while he was working as Special Sub-Inspector of Police (SSI), retired from
service on 31.08.2016 on attaining the age of superannuation.
4.From the materials available on record, it is seen that the petitioner
married one Sahayaselvi on 09.09.1984 and divorced her on 12.02.1991 in
the presence of the elders and registered the deed of dissolution, on the file
of the Sub Registrar, Seithur, in Document No.334 of 1991, dated
12.02.1991. Subsequently, on 23.08.1991, the petitioner married one Jeya
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W.P(MD)No.10322 of 2021
and they are living together as husband and wife from that date onwards.
After retirement, when the petitioner gave a representation to the
respondents to record the name of Jeya as his wife, the same was rejected
by the first respondent, by passing the impugned order, dated 21.04.2021,
on the ground that the petitioner married Jeya during the subsistence of
first marriage with Sahayaselvi and as such, Jeya is not entitled for Family
Pension.
5.From the Judgment, dated 07.09.2019, made in H.M.O.P.No.71 of
2019, on the file of the Principal Sub Court, Srivilliputhur, it is seen that the
petitioner alleged that his first wife Sahayaselvi refused to live with the
petitioner on the ground that she was in love with one Joseph before
marriage with the petitioner and she was forced to marry the petitioner. She
often used to quarrel with the petitioner and left the matrimonial home. In
view of the same, the petitioner and the said Sahayaselvi dissolved their
marriage in the presence of elders. After dissolution of marriage, she left
the petitioner and their daughter, namely Gnanajothi and she married the
said Joseph. Thus, the averments made by the petitioner were not denied
by the first wife and she remained ex-parte. The petitioner also registered
his marriage with Jeya on 06.02.2020 with effect from 23.08.1991.
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W.P(MD)No.10322 of 2021
6.From the above materials, it is seen that after the dissolution of
marriage, between the petitioner and the first wife-Sahaya Selvi, in the
presence of elders and after obtaining decree of divorce, dated 07.09.2019,
as per law, the petitioner and Jeya are living together as husband and wife.
It is well settled that living together for a long time and having cohabitation,
it is presumed that both are living as husband and wife. Now the petitioner
is receiving pension and payment of Family Pension to Jeya will arise only
after the death of the petitioner. In view of the Judgment, dated 07.09.2019
made in H.M.O.P.No.71 of 2019 on the file of the Principal Sub Court,
Srivilliputhur, granting dissolution of marriage of the petitioner with Sahaya
Selvi, the petitioner and Jeya are living together as husband and wife and
they are having long cohabitation, the impugned order, dated 21.04.2021
passed by the first respondent is liable to be set aside and the same is
hereby set aside. The respondents are directed to include the petitioner's
second wife's name Jeya in Pension Payment Order within a period of four
weeks from the date of receipt of a copy of this order.
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W.P(MD)No.10322 of 2021
7.With the above directions, the Writ Petition is allowed. No costs.
12.07.2021
Index : Yes / No
Internet : Yes / No
ps
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,
(Accounts and Entitlements),
Government of Tamil Nadu,
No.361, Anna Salai,
Chennai – 600 018.
2.The Superintendent of Police,
Virudhunagar District,
Virudhunagar.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10322 of 2021
V.M.VELUMANI,J.
ps
W.P(MD)No.10322 of 2021
12.07.2021
https://www.mhc.tn.gov.in/judis/
