Madras High Court
K.Rani vs The District Superintendent Of Police on 6 September, 2024
W.P.No.8832 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.8832 of 2021 and
W.M.P.No.9370 of 2021
K.Rani ... Petitioner
Vs.
1.The District Superintendent of Police,
District Police Office,
Villupuram District.
2.The Senior Accounts Officer,
Office of the Accountant General (Accounts &
Entitlements),
No.361, Annasalai, Chennai 18. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the entire records
pertaining to the order passed by the second respondent made in his
proceedings PEN4/II/PT 13383/20-21 dated 22.10.2020 and quash the same
and consequently, direct the second respondent to pay family pension to the
petitioner herein in the capacity of the widow of the deceased Karuppasamy
who died in harness on 25.09.1993.
For Petitioner : Mr.N.Rajarajan for
Mr.B.Ramamoorthy
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.8832 of 2021
For Respondents : Mr.R.U.Dinesh Rajkumar,AGP for R1
Mr.V.Murali for R2
ORDER
This Writ Petition has been filed for quashment of the order passed by
the second respondent made in proceedings PEN4/II/PT 13383/20-21 dated
22.10.2020 and consequently, to direct the second respondent to pay family
pension to the petitioner in the capacity of the widow of the deceased
Karuppasamy, who died in harness on 25.09.1993.
2. Heard the learned counsel on either side and also perused the
materials available on record.
3. The learned counsel for the petitioner submitted that the husband of
the petitioner namely, Karuppusamy was employed as Constable in
Tamilnadu Police Department, Villupuram District and died in harness on
25.09.1993. Thereafter, on compassionate ground, the petitioner was
appointed as Sweeper in District Police Office, Villupuram. After the death of
her husband, the petitioner filed a suit in O.S.No.515 of 1993 against one
Kaliammal, who was the first wife of the said Karuppusamy, to declare that
https://www.mhc.tn.gov.in/judis
the petitioner and her three children are legal heirs of the deceased
Karuppusamy. As per the Hindu Law, the Court had passed an order
rejecting the claim of the petitioner and declared the children of the petitioner
as legal heirs of the deceased Karuppusamy, since the first wife of the
deceased Karuppusamy died on 14.10.2006. As per the said judgment and
decree, the benefits of the deceased Karuppusamy were received by the
petitioner on behalf of her children as guardian. As per Section 7(a) of the
Tamilnadu Pension Rules, 1978, it is very clearly mentioned that if there are
two widows, both of them should be given equally and if there is no children
for one widow, the other widow is entitled for equal share. As per the said
rules, as a widow of the deceased Karuppusamy, the petitioner is entitled for
family pension and the order of the second respondent is liable to be set aside.
4. The learned Additional Government Pleader appearing for the first
respondent submitted that the petitioner was appointed as Sweeper on
compassionate ground and joined the duty on 12.05.2010 and thereafter, she
relieved from service on 30.06.2019. After that, she submitted a
representation on 10.10.2019 seeking for family pension. A proposal was
forwarded to Accountant General, Chennai for sanction of family pension to
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her and in the letter No.Pen.4/II/Pt13383/20-21, dated 22.10.2020, the
Accountant General, Chennai has informed that as per the Tamilnadu Pension
Rules, the second wife of the deceased is not eligible to receive the family
pension. Hence, the said representation was returned.
5. In view of the submissions made by the learned Additional
Government Pleader and as per the Tamilnadu Pension Rules, it is seen that
the second wife of the deceased is not eligible to receive the family pension.
Hence, this Court is of the considered opinion that the order of the second
respondent warrants no interference.
6. Accordingly, this Writ Petition stands dismissed. Consequently,
connected Miscellaneous Petition is closed. No costs.
06.09.2024
vkr
Index : Yes / No
Speaking order / Non-speaking order
To
1.The Director of Collegiate Education,
Chennai 600 006.
https://www.mhc.tn.gov.in/judis
2.The Regional Joint Director,
Office of the joint Director of Collegiate Education,
Chennai Region, Chennai 600 015.
3.The Administrative General & Official Trustee (AG&OT),
Madras High Court Building, Chennai 600 104.
https://www.mhc.tn.gov.in/judis
VIVEK KUMAR SINGH, J.
vkr
W.P.No.8832 of 2021 and
06.09.2024
https://www.mhc.tn.gov.in/judis
