Madras High Court
Kamalabai vs Tamil Nadu Electricity Board ... on 31 October, 2022
W.P(MD)No.5959 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.5959 of 2019
and
W.M.P(MD)No.4775 of 2019
1.Kamalabai
2.Jinesh
3.Jinisha Balan ... Petitioners
Vs
1.Tamil Nadu Electricity Board (now),
TANGEDCO, Kadamparai Electric Generation Circle,
Minparai Post 624 101,
Represented by
The Superintending Engineer.
2.Helen Nesakumari
3.Don Charles ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the first respondent to forthwith
pay to the petitioners the terminal benefits and family pension to the first
petitioner, payable towards the services of Mr.Jeyabalan (who died in service
on 02.02.2014 as Administrative Supervisor) in TNEB now TANGEDCO with
arrears and reasonable interest towards the belated payment.
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.5959 of 2019
For Petitioners : Mr.N.Dilip Kumar
For Respondents : Mr.S.Arivalagan
Standing Counsel for R.1
Mr.M.Saravanakumar for R.2
ORDER
Heard the learned counsel on either side.
2. The issue concerns the disbursement of the terminal benefits of
deceased TANGEDCO employee, by name, Jayabalan. He worked as
Administrative Supervisor in TANGEDCO and died while in service on
02.02.2014. Following his demise, the second respondent herein raised a claim
that she and her son Don Charles are the legal heirs of the deceased Jayabalan.
She filed O.S.No.194 of 2014 on the file of the Principal Sub Court, Nagercoil.
The said suit was contested by the writ petitioner herein. On 08.10.2018, the
suit was dismissed. Questioning the judgment and decree dated 08.10.2018
made in the said suit, the respondents 2 and 3 herein had filed A.S.No.143 of
2018 before the Principal District Judge, Kanyakumari Division, Nagercoil.
The said appeal is still pending. The respondents 2 and 3 herein have not
obtained any interim injunction in the said appeal.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5959 of 2019
3. Therefore, the findings rendered by the learned Trial Judge will
continue to operate and hold the field. As per the aforesaid judgment, the first
petitioner herein is the legally wedded wife of the deceased Jayabalan. But
there is no dispute that the third respondent was also born to him through the
second respondent. Law does not discriminate between legitimate children and
illegitimate children. Therefore, the petitioners 2 and 3 and the third
respondent herein will have to be treated alike. Of course, it is only legally
wedded wife who will be entitled to receive family pension.
4. In this view of the matter, the first respondent is directed to disburse
the pensionary and terminal benefits forthwith and without any delay, in any
event, within a period of twelve weeks from the date of receipt of a copy of this
order. I make it clear that plea for extension of time will not be entertained.
The employer will sanction family pension in favour of the first petitioner
herein. The terminal benefits will be divided into four shares. The third
respondent herein will be entitled to 1/4th share out of the terminal benefits.
This direction is of course subject to any order that may be obtained by the
second respondent in the pending appeal.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5959 of 2019
5. This writ petition is allowed on these terms. Consequently, connected
miscellaneous petition is closed. No costs.
31.10.2022
Index : Yes / No
Internet : Yes/ No
mga
Note: Issue Order Copy on 02.11.2022.
To
The Superintending Engineer.
Tamil Nadu Electricity Board (now),
TANGEDCO, Kadamparai Electric Generation Circle,
Minparai Post 624 101.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5959 of 2019
G.R.SWAMINATHAN, J.
mga
W.P(MD)No.5959 of 2019
31.10.2022
https://www.mhc.tn.gov.in/judis
