Madras High Court
R.Parthasarathy vs S.Shathya ... 1St on 28 July, 2023
W.A.(MD)No.1211 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1211 of 2023
and C.M.P. (MD) No.9108 of 2023
R.Parthasarathy ... Appellant/3rd party
Vs.
1.S.Shathya ... 1st Respondent/Writ
Petitioner
2.The District Educational Officer (Elementary),
Virudhunagar Subbiah Nadar School Campus,
Virudhunagar District.
3.The Block Educational Officer,
Thiruchuli Union (a) Reddiypatti,
Virudhunagar District.
4.The Accountant General (A & E),
Tamil Nadu,
361 Anna Salai,
Chennai – 600 018.
5.The Sub-Treasury Office,
Thiruchuli,
Virudhunagar District. .. Respondents 2 to 5/
Respondents 1 to 4
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1211 of 2023
R.Lakshmi (Died on 25.04.2023) ... Respondent No.5 in the
Writ Petition
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent, to set
aside the order passed by this Court in W.P.(MD)No.5904 of 2023, dated
27.04.2023.
For Appellant : Mr.M.Jothi Basu
For Respondents 2 & 3 : Mr.D.Sadiq Raja
Additional Government Pleader
***
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
This Writ Appeal is directed against the order of the learned
Single Judge of this Court dated 27.04.2023, allowing the Writ Petition
in W.P.(MD) No.5904 of 2023, filed by the first respondent, who is the
daughter of Smt.Pandaribai.
2. The appellant is the brother-in-law of Smt.Pandaribai and
the first respondent is her daughter. Smt.Pandaribai was employed as a
Secondary Grade Teacher in Panchayat Union Primary School,
Vannathiyenthal, Thiruchuli Union, Virudhunagar District. She died on
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W.A.(MD)No.1211 of 2023
16.06.2022 by committing suicide, leaving behind her daughter and son,
namely, the first respondent and her brother Harikesh.
3. The question for consideration is the entitlement of the
mother of the appellant / 5th respondent in the Writ Petition for service
benefits of her daughter Pandaribai. It is the case of the appellant that the
matrimonial relationship between the mother of the first respondent and
her husband came to an end by grant of divorce on 16.11.2017 in
H.M.O.P.No.33 of 2007 on the file of Sub Court, Aruppukottai. The fact
that the first respondent is the daughter Smt. Pandaribai is not in dispute.
However, the mother of the deceased Pandaribai raised an objection
before the 5th respondent herein for the disbursement of the service
benefits on the ground she is also a legal heir. Hence, the payment was
withheld by the 5th respondent herein and that lead to the filing of the
Writ Petition by the first respondent.
4. The learned Single Judge finding that the first respondent
and her brother alone are entitled to the terminal benefits, allowed the
Writ Petition filed by the first respondent for issuance of the directions to
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W.A.(MD)No.1211 of 2023
the respondents 1 to 4 in the Writ Petition not to disburse the Death cum
Retirement Gratuity to the tune of Rs.20,00,000/- (Rupees Twenty Lakhs
only) to the mother of the deceased R.Pandaribai. As against the order of
the learned Single Judge in the above Writ Petition filed by the first
respondent, appellant has filed the Writ Appeal on the ground that his
mother is also the legal heir of deceased R.Pandaribai. Now she is no
more.
5. Learned Counsel for the appellant submitted that the
deceased appointed the 5th respondent in the Writ Petition / mother of the
appellant as her nominee and therefore, the amount should be disbursed
only to his mother. The learned Single Judge rejected the contention of
the mother of the appellant on the ground that only the legal heirs of the
deceased are entitled to get the monetary benefits on the death of the
deceased. It cannot be disputed that the mother of the deceased is not a
legal heir. Further, now she is no more. The mother of the deceased was
appointed as a nominee only for the purpose of receiving the amount and
not for appropriating it. She may hold the money for the benefits of legal
heirs and not for herself. This position is settled and therefore, this Court
finds no merit in the Writ Appeal.
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W.A.(MD)No.1211 of 2023
6. Accordingly, the Writ Appeal is dismissed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
28.07.2023
NCC : Yes / No
Index : Yes / No
sj
To
1.The District Educational Officer (Elementary),
Virudhunagar Subbiah Nadar School Campus,
Virudhunagar District.
2.The Block Educational Officer,
Thiruchuli Union (a) Reddiypatti,
Virudhunagar District.
3.The Accountant General (A & E),
Tamil Nadu,
361 Anna Salai,
Chennai – 600 018.
4.The Sub-Treasury Office,
Thiruchuli,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1211 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sj
W.A.(MD) No.1211 of 2023
28.07.2023
https://www.mhc.tn.gov.in/judis
