Madras High Court
Sathiya @ Krishnaveni vs The Superintending Engineer on 4 October, 2023
W.P No.28067 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2023
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.P No.28067 of 2021
Sathiya @ Krishnaveni ... Petitioner
Vs.
1.The Superintending Engineer,
TANGEDCO,
Capper Hills, Cuddalore,
Tamilnadu.
2.The Executive Engineer,
TANGEDCO,
Chidambaram, Tamilnadu
3. The Assistant Executive Engineer,
Srimushnam, Tamilnadu. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, to direct the respondents 1 to 3 pay the
service and other terminal benefits in respect of the petitioner's deceased
husband to the petitioner and to the petitioner's mother in law and also to
direct the respondents 1 to 3 to pay monthly family pension to the
petitioner.
For Petitioner : Mr.V.Ajayakumar
For Respondents : Mr.P.Subramanian,
Standing Counsel for TANGEDCO
ORDER
https://www.mhc.tn.gov.in/judis
W.P No.28067 of 2021
This Writ Petition has been filed seeking issuance of Writ of
Mandamus to direct the respondents 1 to 3 pay the service and other
terminal benefits in respect of the petitioner's deceased husband to the
petitioner and to the petitioner's mother in law and also to direct the
respondents 1 to 3 to pay monthly family pension to the petitioner.
2. Heard Mr.V.Ajayakumar, learned counsel for the petitioner and
Mr.P.Subramanian, learned Standing Counsel TANGEDCO appearing
for the respondents.
3. The facts of case in brief are as follows:
The petitioner is the wife of deceased Purushothaman who was
working as Assessor Gr.II in the respondents electricity board. He died on
16.06.2016 while he was in service and thereafter his terminal benefits
have not been disbursed to his legal heirs. Aggrieved over that the
petitioner who is the wife of the deceased Purushothaman has filed this
writ petition seeking directions.
4. It is learnt from the submission of both sides learned counsels
https://www.mhc.tn.gov.in/judis
W.P No.28067 of 2021
that the mother of the deceased Purushothaman has filed a civil case in
OS.No.216/2016 on the file of the Additional District Munsif Court,
Cuddalore for seeking declaration that herself and this petitioner are the
only surviving legal heirs of deceased Purushothaman and hence, the
respondents have to disburse one half share of the terminal benefits of
deceased Purushothaman to the petitioner and the other half to the
mother of the deceased Purushothaman.
5. In such case there is no difficulty for the respondents to disburse
the terminal benefits in equal portion to the petitioner and the mother of
the deceased Purushothaman, who is the decree holder in
OS.No.216/2016. In fact the learned counsel for the petitioner submitted
that the petitioner has filed an Appeal challenging the above judgment,
the appeal has been filed so pending in A.S.No.10/2021 on the file of the
Sub Court, Cuddalore and that was also dismissed on 20.12.2022. So far
as the family pension is concerned, it seems that the matter has taken a
different turn due to the second marriage conducted by the petitioner
subsequent to the death of Purushothaman.
6. The learned standing counsel appearing for the respondents
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W.P No.28067 of 2021
board submitted that the petitioner remarried one Dhesikan on
04.12.2016. The said fact was not disputed by the petitioner herself. So
far as the family pension is concerned that can be given to the petitioner
as per the rules. But the rest of terminal benefits can be done in
accordance with the entitlement of the petitioner and the mother of
Purushothaman as held in OS.No.216/2016 of the additional District
Munsif Court, Cuddalore, within a period of three weeks.
7. With the above observations, this Writ Petition is disposed and
the respondents 1 to 3 are directed to disburse the family pension to the
petitioner and with regard to the rest of terminal benefits can be done in
accordance with the entitlement of the petitioner and the mother of
Purushothaman as held in OS.No.216/2016 of the additional District
Munsif Court, Cuddalore, within a period of three weeks from the date of
receipt of copy of this order. No costs.
04.10.2023
Index : Yes
Internet : Yes/No
jrs
https://www.mhc.tn.gov.in/judis
W.P No.28067 of 2021
To
1.The Superintending Engineer,
TANGEDCO,
Capper Hills, Cuddalore,
Tamilnadu.
2.The Executive Engineer,
TANGEDCO,
Chidambaram, Tamilnadu
3. The Assistant Executive Engineer,
Srimushnam, Tamilnadu.
https://www.mhc.tn.gov.in/judis
W.P No.28067 of 2021
R.N.MANJULA, J.
jrs
W.P No.28067 of 2021
04.10.2023
https://www.mhc.tn.gov.in/judis
