Madras High Court
P.Vasantha vs The Principal Account General ... on 4 October, 2023
W.A.(MD)No.1775 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1775 of 2023
and
C.M.P(MD)Nos.13537 and 13538 of 2023
P.Vasantha ... Appellant / Petitioner
Vs.
1.The Principal Account General (A&E) Tamil Nadu
Door No.361, Anna Salai,
Teynampet, Chennai-600 083.
2.The Deputy Director,
Department of Health Services,
Sivakasi, Viruthunagar District.
3.The Assistant Treasury Office,
Sub Treasury Office,
Sivakasi, Virudhunagar District. ...Respondents / Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1775 of 2023
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.21554 of 2018, dated 22.10.2018 on the file of
this Court.
For Appellant : Mr.A.P.Muthupandian
For R1 : Mr.P.Gunasekaran
For R2 & R3 : Mr.N.Satheeshkumar
Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
This appeal has been instituted against the order dated 22.10.2018
passed in W.P.(MD)No.21554 of 2018. The learned Single Judge found that the
name of the appellant has been mentioned by her late husband in the nomination
form with regard to the death cum gratuity benefits and also submitted the
nomination of the appellant to the respondents. However, the deceased husband
of the appellant was receiving both pension and family pension of his deceased
first wife and the said fact was suppressed by the deceased husband of the
appellant. That being the factum, the learned Single Judge declined to grant relief
as such sought for in the Writ Petition.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1775 of 2023
2.On examination of the document, we find that family pension due to
the appellant if any, is to be considered in accordance with the Tamil Nadu
Pension Rules, 1978 in force. The declaration of the second marriage and the
particulars of the second wife if provided in consonance with the Tamil Nadu
Pension Rules, 1978 in the prescribed format, then the appellant's case is to be
considered for grant of pension in the manner known to law. Since the appellant
has not stated clearly about the declarations and particulars in the prescribed
format to the competent authority, we are unable to form an opinion regarding the
eligibility of the appellant to get family pension. However, the learned Single
Judge has not considered the fact that the second marriage was informed by the
deceased employee to the department. Therefore, whether the second marriage
was solemnized during the life time of the first wife or not is to be verified by
conducting an enquiry and the appellant may be asked to produce all those records
to scrutinize and ascertain her eligibility to draw the family pension.
3.In view of the facts and circumstances, the order passed by the learned
Single Judge dated 22.08.2018 in W.P.(MD)No.21554 of 2018 is set aside and the
respondents are directed to consider the application if any submitted by the writ
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1775 of 2023
petitioner for grant of family pension by following the procedures as contemplated
under the Rules in force.
4.With these directions, this Writ Appeal stands disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
(S.M.S., J.) & (V.L.N., J.)
04.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
1.The Deputy Director,
Department of Health Services,
Sivakasi, Viruthunagar District.
2.The Assistant Treasury Office,
Sub Treasury Office,
Sivakasi, Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1775 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)No.1775 of 2023
and
C.M.P(MD)Nos.13537 and 13538 of 2023
04.10.2023
https://www.mhc.tn.gov.in/judis
