Madras High Court
P.Palaniyammal vs The Managing Director on 5 April, 2022
W.P.(MD)No.2972 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.2972 of 2022
P.Palaniyammal ... Petitioner
Vs.
1. The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam Division),
No.27, New Railway Station Road,
Kumbakonam,
Thanjavur District.
2. The Regional Manager,
Tamil Nadu State Transport Corporation
(Kumbakonam Division),
Karaikudi Region,
Managiri Road, Maruthupathy,
Karaikudi-630 307. ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to disburse the
death benefits of her deceased husband namely Perumalsamy
(ST-16225/95CR3020) and provide family pension to her, in the light of
the judgment and decree passed by Learned District Munsiff cum
1/6
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W.P.(MD)No.2972 of 2022
Judicial Magistrate No.I, Srivilliputtur in O.S.No.352/2016 dated
09.09.2020 and subsequent legal heirs certificate issued by the Tahsildar
Watrap Taluk dated 23.11.2021 as well as the petitioners representation
dated 24.11.2021 and remainder representation, dated 12.01.2022
submitted to the respondents in person and by post within the time limit
that may be stipulated by this Court.
For Petitioner : Mr.M.Raja Ravi Varma
For Respondents : Mr.D.Sivaraman
ORDER
The relief sought for in the present writ petition is to direct the
respondents to disburse the death benefits of her deceased husband
namely Perumalsamy.
2.The petitioner states that she is the legal wedded first wife of the
deceased employee Mr.P.Perumalsamy. Therefore, she is entitled for all
the terminal and pensionary benefits due to her husband. Further, the
petitioner claims family pension also.
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W.P.(MD)No.2972 of 2022
3.The learned counsel appearing on behalf of the respondents
objected the said contentions by stating that there is a counter claim in
respect of the pensionary benefits and family pension and one
Tmt.Guganrani set out a claim stating that she is the legally wedded wife
of the deceased employee. Therefore, the respondents are unable to settle
the terminal benefits and grant family pension.
4.Further, the learned counsel for the respondents states that in the
event of submitting appropriate Succession Certificate or decree from the
competent Court, the respondent will be in a position to consider the case
of the writ petitioner in accordance with pension scheme and rules in
force.
5.The learned counsel appearing for the petitioner drew the
attention of this Court with reference to the judgment and decree passed
by the District Munsiff Court, Srivilliputhur, in O.S.No.352 of 2016.
However, the decree passed in the said suit reveals that no such
declaration declaring that the petitioner viz., Palaniammal is the first
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W.P.(MD)No.2972 of 2022
legally wedded first wife of the deceased was granted. In fact, there is no
relief as against the plaintiffs is granted. Contrarily, the relief of
declaration was granted in favour of the plaintiffs 2 to 4, who all are the
children born through and out of the wedlock between the first plaintiff
and the deceased employee. Therefore, based on the declaration, the
Tahsildar issued Legal Heirs Certificate for the purpose of settlement of
pensionary and terminal benefits. The petitioner has to get an appropriate
declaration to establish that she is the legally wedded first wife of the
deceased employee. Therefore, the petitioner is at liberty to submit
appropriate documents to establish that she is the legally wedded first
wife of the deceased employee.
6.In view of the facts and circumstances, the objections raised by
the respondents is in consonance with the provisions of the pension
scheme and rules in force. The petitioner is at liberty to establish her
status as the first wife of the deceased employee.
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W.P.(MD)No.2972 of 2022
7.With the above observations, this Writ Petition is disposed of. No
costs.
05.04.2022
Index:Yes/No
Internet:Yes/No
Ns
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.2972 of 2022
S.M.SUBRAMANIAM,J.
Ns
W.P.(MD)No.2972 of 2022
05.04.2022
https://www.mhc.tn.gov.in/judis
