Madras High Court
K.Indirani vs The Commissioner Of Corporation on 6 October, 2021
W.P.No.28176 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.28176 of 2016
(Through Video Conferencing)
K.Indirani ... Petitioner
Vs.
1.The Commissioner of Corporation,
Corporation of Chennai,
Rippon Building, Park Town,
Chennai – 600 003.
2.The Accounts Officer,
Public Department, Pension Section,
Corporation of Chennai,
Rippon Buildings, Park Town,
Chennai – 600 003.
3.Marimuthu ... Respondents
Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Mandamus, to direct the first and second respondents
herein to confer the family pension to the petitioner and also the arrears of
family pension with effect from 20.09.2011 onwards i.e, from the date on
which the petitioner's deceased husband P.Kannaiah died.
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W.P.No.28176 of 2016
For Petitioner : Mr.R.S.Anandan
For R1 & R2 : M/s.Karthikaa Ashok
Senior Standing Counsel
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus,
to direct the first and second respondents to confer the family pension to the
petitioner and also the arrears of family pension with effect from 20.09.2011
onwards i.e, from the date on which the petitioner's husband P.Kannaiah
died.
2. The petitioner's husband P.Kannaiah was employed with the
Chennai Corporation and had retired from service on 30.06.2008 and was
receiving pension. The petitioner's husband thereafter died on 20.09.2011
and therefore, the petitioner therefore sent a representation dated 13.10.2011
enclosing the legal heir certificate.
3. The second respondent called upon the petitioner to furnish all the
requisite documents vide letter dated 25.01.2012. Later, the petitioner came
to know that the third respondent, who according to the petitioner was the
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W.P.No.28176 of 2016
second wife of the petitioner's husband late P.Kannaiah had also claimed the
pension and the terminal benefits on account of the death of the petitioner's
husband late P.Kannaiah stating that she is the legally wedded wife of the
deceased P.Kannaiah.
4. Appearing on behalf of the petitioner, the learned counsel submits
that the third respondent has filed O.S.No.54 of 2014 before the III
Additional Family Court, Chennai, to declare that the third respondent is the
legally wedded wife of late P.Kannaiah and to direct the first and second
respondents to grant family pension to the third respondent. In the said
O.S.No.54 of 2014, a compromise Judgment and Decree was passed on
13.02.2018, in terms of which, the third respondent had admitted that she will
be satisfied if a sum of Rs.1,50,000/- is paid out of the pensionary benefits to
the third respondent. The operative portion of the said compromise Judgment
and Decree dated 13.02.2018 in O.S.No.54 of 2014 is reproduced below:-
21. Joint Compromise Memo signed by the
plaintiff and 4th defendant herein and was marked as
Ex.C1.
The Joint Compromise Memo signed by the
plaintiff and 4th defendant herein mutually agree to settle
the matter mutually on the following terms:
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W.P.No.28176 of 2016
1. The plaintiff agreed to accept Rs.1,50,000/- alone
from the arrears of pension amount due to their
deceased husband (P.Kannaiah) as on date.
Balance arrears of amount of hereby shall be
handed over to the 4th defendant.
2. The plaintiff will not claim the future pension
amount and arrears of pension amount apart from
the above stated amount of Rs.1,50,000/- and 4th
defendant permitted to receive the future family
pension hereafter.
3. The plaintiff has to handover the pension book
and other relevant papers relating to the deceased
Kannaiah to the 4th defendant.
4. Further the plaintiff has not other claims in
whatsoever manner.
In the result the suit is decreed as per terms and
conditions of the Joint compromise dated 13.2.2018 and
same is form part of the decree and no cost.
5. Considering the same, the petitioner is directed to serve complete set
of documents along with a copy of the compromise Decree dated 13.02.2018
passed by the III Additional Family Court, Chennai, in O.S.No.54 of 2014
before the first and second respondents, within a period of thirty (30) days
from the date of receipt of a copy of this order.
6. The first and second respondents are directed to consider the
compromise Decree dated 13.02.2018 in O.S.No.54 of 2014 and scrutinse the
same and pass appropriate orders and sanction the pension to the petitioner in
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W.P.No.28176 of 2016
terms of the aforesaid compromise Decree dated 13.02.2018 in O.S.No.54 of
2014, within a period of six weeks thereafter.
7. Accordingly, this Writ Petition is disposed. No cost.
06.10.2021
Index : Yes/No
Internet : Yes/No
jen
To
1.The Commissioner of Corporation,
Corporation of Chennai,
Rippon Building, Park Town,
Chennai – 600 003.
2.The Accounts Officer,
Public Department, Pension Section,
Corporation of Chennai,
Rippon Buildings, Park Town,
Chennai – 600 003.
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http://www.judis.nic.in
W.P.No.28176 of 2016
C.SARAVANAN, J.
jen
W.P.No.28176 of 2016
06.10.2021
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