Madras High Court
T.Vijayalakshmi vs The Secretary To Government on 2 November, 2022
W.P.No.1332 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.1332 of 2019
T.Vijayalakshmi ...Petitioner
Vs.
1.The Secretary to Government,
School Education Department,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Salem – 636 001.
4.The District Educational Officer,
Salem – 636 001.
5.The Accountant General of Tamil Nadu,
Chennai – 600 018.
6.The Treasury Accounts Officer,
Salem District, Salem.
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.1332 of 2019
7.Indira
8.Uma
9.Jaya
10.Gita Respondents
Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to
issue a writ of Mandamus, directing the respondents 1 to 6 to pay to the
petitioner the family pension payable to her mother Chellammal, as the
widow of K.Thandavan till the death of Chellammal as well as 1/ 5th share of
Chellammal in the other benefits like Provident Fund, Gratuity and like
benefits as directed by the Principal District Munsif Court, Salem by
Judgement dated 02.01.2004 in O.S.No.132/ 2002, together with interest at
18% per annum from 02.01.2004.
For Petitioner : Mr.Leela Raman
for M/s.T.M.Hariharan
For Respondents : Mrs.S.Mythreye Chandru
Special Government Pleader
for R1 to R4 and R6
Mr.V.Murali for R5
Mr.R.Rajarajan for R7 to R10
2/8
https://www.mhc.tn.gov.in/judis
W.P.No.1332 of 2019
ORDER
The writ of mandamus is instituted to direct the respondents 1 to 6 to
pay to the petitioner the family pension payable to her mother Chellammal, as
the widow of K.Thandavan till the death of Chellammal as well as 1/5th
share of Chellammal in the other benefits like Provident Fund, Gratuity and
like benefits as directed by the Principal District Munsif Court, Salem by
judgment dated 02.01.2004 in O.S.No.132/2002, together with interest at 18
percent per annum from 02.01.2004.
2.The petitioner states that she is a daughter born out of the wedlock
between the deceased employee Thandavan and Smt.Chellammal. The
deceased employee Thandavan married Smt.Rajeswari as second wife and
after the death of the employee of the Thandavan, the dispute arouse within
the family and mother of the petitioner Smt.Chellammal along with the
petitioner instituted a Civil Suit in O.S.No.131 of 2002 for declaration and
permanent injunction.
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W.P.No.1332 of 2019
3.The Suit decreed in favour of the 1st plaintiff who is the mother of the
petitioner. However, there is no Decree in favour of the 2nd plaintiff who is
the writ petitioner before this Court. The plaintiff could not be able to submit
any document before the competent Civil Court establishing that she is the
daughter born from and out of the wedlock between the deceased employee
Thandavan and Smt.Chellammal. Thus, the Civil Court has not passed any
Decree in favour of the 2nd plaintiff who is the writ petitioner before this
Court and the Decree was passed in favour of the mother of the writ
petitioner, as she was the first wife of the deceased employee Thandavan.
The mother of the writ petitioner Smt.Chellammal also died. Thus, the
petitioner filed the present writ petition stating that the arrears of family
pension and 1/5th share of the other benefits are to be settled in favour of the
writ petitioner.
4.The learned Special Government Pleader appearing on behalf of the
Department objected the said contention by stating that even as per the Civil
Court Decree, petitioner is not entitled for the benefit. The Civil Court has
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W.P.No.1332 of 2019
categorically ordered that the petitioner cannot be considered as a legal heir
of the deceased employee Thandavan and therefore, the arrears of family
pension or 1/5th share of the other benefits cannot be settled in favour of the
writ petitioner. Contrarily, the second wife and her children established that
they are the legal heirs of the deceased employee. Thus, the claims set out in
the present writ petition deserve no merits consideration.
5.This Court is of the considered opinion that disputed facts cannot be
adjudicated in a writ proceedings under Article 226 of the Constitution of
India. The power of judicial review under Article 226 is to ensure the process
through which a decision is taken by the competent authorities in consonance
with the statutes and rules, but not the decision itself. Therefore, the legal
status of a person is to be established before the competent Civil Court of law
by submitting documents and evidence in original which all are to be
adjudicated by way of trial natured proceedings. In the present case, the
petitioner along with her mother filed a Civil Suit and the Civil Court granted
Decree in favour of the mother of the writ petitioner. However, the status of
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W.P.No.1332 of 2019
the writ petitioner as a daughter of the deceased employee was not
established before the Civil Court. It is not in dispute regarding the maternity,
but the dispute prevails regarding paternity. Thus, the said dispute is to be
resolved by approaching the competent Court of law and this Court cannot
adjudicate such disputed issues in the present writ petition.
6.In view of the facts and circumstances, the petitioner is not entitled
for the relief as such sought for and consequently, the writ petition stands
dismissed. No Costs.
02.11.2022
Index : Yes
Internet : Yes
Speaking order : Yes
ssr
To
1.The Secretary to Government,
School Education Department,
Fort St. George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
W.P.No.1332 of 2019
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Salem – 636 001.
4.The District Educational Officer,
Salem – 636 001.
5.The Accountant General of Tamil Nadu,
Chennai – 600 018.
6.The Treasury Accounts Officer,
Salem District, Salem.
https://www.mhc.tn.gov.in/judis
W.P.No.1332 of 2019
S.M.SUBRAMANIAM, J.
ssr
W.P.No.1332 of 2019
02.11.2022
https://www.mhc.tn.gov.in/judis
