T.Avudaiammal vs The Accountant General (Accounts & ...
2024 Latest Caselaw 18875 Mad

Madras High Court

T.Avudaiammal vs The Accountant General (Accounts & ... on 25 September, 2024

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                       W.P.(MD)No.2188 of 2021




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 25.09.2024

                                                       CORAM

                                  THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE

                                          W.P.(MD)No.2188 of 2021


                    T.Avudaiammal                                        : Petitioner
                                                        Vs.

                    1.The Accountant General (Accounts & Entitlements),
                       361, Anna Salai,
                       Chennai – 600 018.


                    2.The Superintendent of Police,
                       Tuticorin,
                       Tuticorin District – 628 001.                     : Respondents



                    PRAYER: Writ Petition filed under Article 226 of the Constitution of

                    India, praying for a Writ of Certiorarified Mandamus, calling for the

                    records relating to the impugned order dated 19.02.2020 vibes

                    No.pen5/1/pt.13944/19-20/152/86111 passed by the first respondent

                    and quash the same and thereby direct the respondents to pay

                    provisional pension and provident fund with interest to the petitioner

                    immediately.



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https://www.mhc.tn.gov.in/judis
                                                                        W.P.(MD)No.2188 of 2021




                                    For Petitioner      : Mr.B.Rajesh Saravanan
                                    For Respondent No.1 : Mr.P.Gunasekaran
                                                         Standing Counsel
                                    For Respondent No.2 : Mrs.D.Farjana Ghoushia
                                                         Special Government Pleader


                                                     ORDER

The petitioner's request for Family Pension has been

rejected under the impugned order dated 19.02.2020 passed by the

first respondent. The reason for rejection is that the petitioner is a

second wife of the deceased employee.

2.Admittedly, the petitioner is the second wife of the

deceased employee. As seen from the affidavit filed in support of this

Writ Petition, the deceased employee had married the petitioner

while his first wife was very much alive. It is now settled law as

rendered by various decisions of this Court which includes a Division

Bench judgment of this Court in the case of R.Rajathi Vs. The

Superintendent Engineer, TANGEDCO Ltd., Nagapattinam

Distirct and another reported in 2018 1 Writ L.R. 725 as well as

in the decision rendered in the case of Vijayalakshmi Vs. The

Principal Accountant General (A&E), Chennai and another

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

reported in 2022 1 Writ L.R. 630 as well as the judgment rendered

by me on 15.12.2022 in W.P.No.20433 of 2020, that a second

wife is not entitled for Family Pension.

3.In view of the well settled law, the question of

entertaining this Writ Petition does not arise as the petitioner's

request for Family Pension has been rightly rejected by the first

respondent under the impugned order dated 19.02.2020.

4.In the result, there is no merit in this Writ Petition.

5.Accordingly, this Writ Petition stands dismissed. There

shall be no order as to costs.

                                                                              25.09.2024



                    Index           :Yes / No
                    Internet        : Yes / No
                    NCC             : Yes/No
                    MR

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

To

1.The Accountant General (Accounts & Entitlements), 361, Anna Salai, Chennai – 600 018.

2.The Superintendent of Police, Tuticorin, Tuticorin District – 628 001.

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

ABDUL QUDDHOSE, J.

MR

25.09.2024

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