The Managing Director vs Annalakshmi
2024 Latest Caselaw 7830 Mad

Madras High Court

The Managing Director vs Annalakshmi on 22 April, 2024

Author: R.Suresh Kumar

Bench: R.Suresh Kumar

    2024:MHC:1912

                                                                         W.A.(MD)No.720 of 2024


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 22.04.2024

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
                                                         and
                                  THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
                                              W.A.(MD)No.720 of 2024
                                                         and
                                             C.M.P.(MD)No.5429 of 2024


                     1.The Managing Director,
                        Tamil Nadu State Transport Corporation,
                        (Madurai) Ltd., Bye Pass Road,
                        Madurai – 625 016.


                     2.The General Manager,
                        Tamil Nadu State Transport Corporation,
                        Dindigul Division,
                        Dindigul – 624 004.                                : Appellants
                                                           Vs.

                     1.Annalakshmi
                     2.Prabhavathy                                          : Respondents



                     PRAYER: Writ Appeal filed under Clause 15 of Letters Patent,

                     praying to set aside the order passed by this Court in W.P.(MD)

                     No.4667of 2015 dated 16.12.2022 and allow the Writ Appeal.



                                   For Appellant        : Mr.S.C.Herold Singh
                                   For Respondent No.1 : Mr.R.Shankar Ganesh
https://www.mhc.tn.gov.in/judis

                     1/4
                                                                            W.A.(MD)No.720 of 2024




                                               JUDGMENT

************** [Judgment of the Court was delivered by R.SURESH KUMAR, J.]

This Writ Appeal has been directed against the order

passed by the Writ Court made in W.P.(MD)No.4667of 2015 dated

16.12.2022.

2.In fact, that was a common order passed in two Writ

Petitions filed by the mother and daughter, who are the wife and

daughter of the deceased employee of the appellant Transport

Corporation.

3.The first respondent was the second wife who got

married with the deceased employee on 03.12.2000, before which

the first wife died in the year 2000, for which, the learned Counsel

for the first respondent submitted that the marriage was

solemnized between them as a valid marriage and therefore, she is

the only surviving wife and she is entitled to family pension payable

to the wife of the deceased employee.

4.The daughter of the deceased employee also claim the

retiral benefits by filing a writ petition in W.P.(MD)No.4668 of 2015.

It is brought to our notice that insofar as the retiral benefits is

concerned, as the deceased employee has availed a loan from the https://www.mhc.tn.gov.in/judis

Transport Corporation and in order to repay the same, the entire

retiral benefits have to be set off, therefore, nothing would be

available to pass on to the legal heirs of the deceased employee.

These are all admitted facts.

5.When that being so, the direction given by the learned

Judge in the impugned order that, the first respondent herein is

entitled for family pension, as she was the only surviving legally

wedded wife of the deceased employee is in order and we do not

find any reason to interfere with the said order. Therefore, the

challenge that has been made against the said order, naturally has

to fail and accordingly, it fails.

6.Hence, the order passed by the writ court is approved

and the Writ Appeal is dismissed. There shall be no order as to

costs. Consequently, the connected miscellaneous petition is closed.

                                                              [R.S.K.,J.]   &   [G.A.M.,J.]
                                                                      22.04.2024
                     Neutral Citation : Yes/No
                     Index        : Yes/No
                     Internet : Yes/No
                     MR

https://www.mhc.tn.gov.in/judis

R.SURESH KUMAR, J.

and G.ARUL MURUGAN, J.

MR

ORDER MADE IN

22.04.2024

https://www.mhc.tn.gov.in/judis