Madras High Court
K. Chitra … vs The Director Of School Education on 26 April, 2022
W.P. No. 5181 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 5181 of 2019
K. Chitra … Petitioner
-vs-
1. The Director of School Education,
College Road, Chennai.
2. The District Education Officer,
Tiruvannamalai.
3. K. Bhanumathi ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950,
praying to issue a Writ of Mandamus, directing the Second Respondent to
disburse the pensionary benefits of late Kotteeswaran to the nominee as per the
service record maintained by the Second Respondent.
For Petitioner : Mr. Sunny Sheen Akkara
for Mr. V.Raghavachari
For Respondents : Mrs. C.Sangamithirai
Special Government Pleader (for R1 and R2)
No Appearance (R3)
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W.P. No. 5181 of 2019
ORDER
Heard Mr. Sunny Sheen Akkara, Learned Counsel for the Petitioner and
Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the
First and Second Respondents and perused the materials placed on record, apart
from the pleadings of the parties.
2. The Petitioner claims to be the wife of one S.Kotteeswaran, who had died
on 09.11.2015 while he was serving as Head Master in Government Higher
Secondary School. It is the case of the Petitioner that though her name has been
entered as nominee in the Service Register of the said S.Kotteeswaran and she
had made periodical representations to the concerned authorities to disburse the
terminal benefits of the said S.Kotteeswaran, it has not evoked any response and
that a rival claim has been made by the Third Respondent, viz., K. Banumathi as
the wife of the said S.Kotteeswaran. In that backdrop, the Petitioner has filed this
Writ Petition for directing the Second Respondent to disburse the pensionary
benefits of the said S.Kotteeswaran to her.
3. Learned Special Government Pleader appearing for the First and Second
Respondents referring to the Counter-Affidavit dated 30.04.2019 filed by the
https://www.mhc.tn.gov.in/judis
W.P. No. 5181 of 2019
Second Respondent states that the Legal Heirship Certificate obtained by the
Petitioner as the wife of the said S.Kotteeswaran had been cancelled by Order in
Mu. Mu. No. A2/6373/2017 dated 18.01.2018 passed by the Sub Collector,
Thirupathur and that the Petitioner had filed the suit in O.S. No. 15 of 2018 in the
Principal District Munsif Court, Ambur, Vellore District impleading the Third
Respondent as the Fourth Defendant in the suit seeking declaration that the
Petitioner is the legally wedded wife of the said S.Kotteeswaran and other
ancillary reliefs and its ultimate outcome would have to be awaited. It has been
brought to notice that the said suit was disposed on 08.10.2021 and the copy of
the judgment has been produced.
4. Having regard to the aforesaid subsequent events, it shall be incumbent
upon the concerned authorities to conduct enquiry after due notice to the
Petitioner and the Third Respondent and other legal heirs, if any of the said
S.Kotteeswaran, with reference to the judgment dated 08.10.2021 in O.S. No. 15
of 2018 passed by the Principal District Munsif Court, Ambur, Vellore District
and the terminal benefits would have to be paid to the eligible persons after
communicating such decision taken to all parties concerned under written
acknowledgment.
https://www.mhc.tn.gov.in/judis
W.P. No. 5181 of 2019
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
26.04.2022
kv/skr
Index: Yes/No
Note: Issue order copy by 15.06.2022.
To
1. The Director of School Education,
College Road, Chennai.
2. The District Education Officer,
Tiruvannamalai.
https://www.mhc.tn.gov.in/judis
W.P. No. 5181 of 2019
P.D. AUDIKESAVALU, J.
kv/skr
W.P. No. 5181 of 2019
26.04.2022
https://www.mhc.tn.gov.in/judis
