Madras High Court
The District Collector vs U.Sandhya on 25 February, 2025
Author: S.Srimathy
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)No.938 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)Nos.938 and 1045 of 2024
and
C.M.P.(MD).Nos.6843 and 7662 of 2024
W.A(MD)No.938 of 2024
1.The District Collector,
Kanyakumari District,
Nagercoil Post,
Kanyakumari District.
2.The Assistant Director of Town Panchayats,
Nagercoil Zone,
Collectorate Campus,
Kanyakumari District.
3. The Executive Officer,
Killiyur Town Panchayat Office,
Killiyur Post,
Kanyakumari District. ... Appellants
Vs.
U.Sandhya ... Respondent
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W.A.(MD)No.938 of 2024
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the
order of this Court in W.P.(MD)No.15233 of 2023, dated 26.06.2023.
For Appellants :Mr.Veerakathiravan
Additional Advocate General
assisted by M/s.D.Farjana Ghoushia
For Respondent :Mr.K.Ponniah
W.A(MD)No.1045 of 2024:
1.The Directorate of Town Panchayat,
Campus of Town Panchayat,
Raja Annamalaipuram,
Chennai – 28.
2.The District Collector,
Collector Office,
Nagercoil,
Kanyakumari District.
3.The Assistant Director,
Directorate of Town Panchayat,
Collectorate, Nagercoil,
Kanyakumari District.
4. The Executive Officer,
Killiyur Town Panchayat,
Nagercoil,
Kanyakumari District. ... Appellants
Vs.
1.Minor.G.U.Nimal
2.Minor.G.U.Nikkil
Through their legal guardian,
U.Bagyalakshmi
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W.A.(MD)No.938 of 2024
3.The District Treasury Officer,
Collectorate,
Nagercoil, Kanyakumari District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the
order of this Court in W.P.(MD)No.19773 of 2023, dated 16.08.2023.
For Appellants :Mr.Veerakathiravan
Additional Advocate General
assisted by M/s.D.Farjana Ghoushia
For R1 and R2 :Mr.G.K.Chitra Devi
***
COMMON JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The present Writ Appeals are filed by the respondents in the writ
petitions challenging the orders passed in W.P.(MD)Nos.15233 and 19773 of
2023.
2(i). The W.P.(MD)No.15233 of 2023 were filed for Writ of
Mandamus to direct the respondents to disburse the family pensionary benefits
to the petitioner’s family and to the twin children born out of living in
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relationship of the petitioner’s husband and to the widowed mother of the
petitioner’s husband as mandated in Tamil Nadu Pension Rules, 1978. The said
writ petition was disposed of directing the respondents thereunder to consider
the claim as per the legal position. Against the said order W.A.(MD)No.938 of
2024 is filed.
2.(ii) The W.P.(MD)No.19773 of 2023 were filed for Writ of
Mandamus directing the respondents to sanction the share of the family pension
to the petitioners of the deceased father worked as Executive Officer, Killiyoor
Town Panchayat, Kanyakumari District. The said writ petition was allowed
directing the respondents thereunder to grant family pension to the wife and
children of the second wife and to issue terminal benefits equally to all the
surviving legal heirs including the petitioner and his brother after granting
opportunity to all the stake holders. Against the said order W.A.(MD)No.1045
of 2024 is filed.
3. The W.P.(MD)No.19773 of 2023 is filed by the minors through the
natural guardian mother. The brief facts as stated in W.P.(MD)No.19773 of
2023 are that the petitioner's father, Umakanthan, joined Panchayat service,
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then served as Executive Officer at Sholavandhan Town Panchayat from
01.12.2008, then as Executive Officer at Killiyoor Town Panchayat, thereby
had served for 35 years and died on 05.04.2020 due to liver failure. The
petitioner's father legally wedded one U.Sandhya and had two children namely
Ruban (38 years) and Rubini (37 years). The petitioner's father had a long
cohabitation relationship with petitioner's mother namely Bagyalakshmi and as
a result the petitioners were born. The petitioner’s mother had spent Rs.20/-
lakhs for the father’s Liver treatment, but the 1st wife has not spent any amount.
Even though the petitioners are illegitimate children, they are entitled share in
petitioner's father pensionary benefits. In the meanwhile, the first wife one
U.Sandhya had filed W.P(MD)No.15233 of 2023 suppressing the existence
petitioner’s mother Bagyalakshmi and the said writ petition was disposed of
directing the respondents to disburse the terminal benefits within a period of 5
months from the date of the said order. The contention of the petitioners is that
they are entitled to family pension, compassionate appointment and a share in
the terminal benefits. Hence the W.P.(MD)No.19773 of 2023 came to be filed.
4. The brief facts as stated in W.P.(MD)No.15233 of 2023 are that the
petitioner is a widow of Late.G.Umakanthan and out of the wedlock two
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children namely Ruban (35) and Rubini (36) was born. While the petitioner's
husband was working as Executive Officer in Killiyoor Town Panchayat, he
died on 05.04.2020, due to illness. After the demise of petitioner's husband, the
petitioner approached the respondents along with death certificate dated
14.04.2020 issued by the Registrar, Thiruvedagam Village, Madurai, to
disburse the eligible pensionary benefits of the deceased. The respondents
directed the petitioner to produce legal heir certificate. Accordingly, the
Tahsildar, Madurai North Taluk in the Certificate No.TN-8202107031427
dated 12.07.2021 detailing the following are the legal heirs of the deceased
person.
Sl.No. Name Age Relationship for Marital
deceased Status
1. Sandhya U 55 Wife Widow
2. Ruban U 34 Son Married
3. U.Rubini 33 Daughter Married
4. G.U.Nikkil S/o.Bagyalakshmi 4 Son unmarried
5. G.U.Nimal 4 Son Unmarried
S/o.Bagyalakshmi
6. Jeyalakshmi G 77 Moth of the deceased Widow
Along with the legal heir certificate the petitioner submitted the
representations dated 09.05.2022 and 29.07.2022 before the 2nd respondent in
person for disbursement of the pensionary benefits. The respondent informed
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that the petitioner’s husband was facing certain charges under section 17(b).
Thereafter, vide order in Na.Ka.No.20/2023/Oo3 dated 20.02.2023 the
charges were held to be abated. Hence there is no impediment to disburse the
family pension and terminal benefits. Again, the petitioner submitted
representation dated 20.03.2023, but the respondent informed that one
Bagayalakshmi claiming to be second wife is claiming benefits. Hence the
petitioner submitted that the petitioner is not against disbursing proportionate
pensionary benefits for the twin children born to the second wife, since there
is catena of judgments to disburse the pensionary benefits even to illegitimate
children, but not to the second wife. Hence the W.P.(MD)No.15233 of 2023
to disburse the family pension and terminal benefits.
5. After hearing the rival submissions, the Writ Court in W.P.
(MD)No.15233 of 2023 had held as under:
“It is well settled that it is only one person can be a legally wedded
wife and there is no such recognition for the second wife. However,
children born through the second wife would also be entitled to a
share in the terminal benefits but the pension has to be given only for
the spouse”
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The Writ Court in W.P.(MD)No.19773 of 2023 had passed the following
order:
“(*5. This Court in a similar case in W.P(MD)No. 15233 of 2023
vide order, in 26.06.2023 has held that the children born through the
2nd wife is also be entitled share in the terminal benefits of the
deceased employee. In yet another case Hon'ble Apex Court reported
in 2002 SCC 431, dated 27.01.2000, Apex Court has held that minor
children of second marriage were also entitled to family pension, but
not the second widow. Hence, this Court directs the respondents to
bear the legal position in mind and prepare the pension proposals
accordingly within a period of four (4) weeks from the date of receipt
of a copy of this order. That apart, this Court directs the respondents
to sanction family pension to the wife and minor children of the
second wife. The respondents are directed to take necessary steps to
issue the terminal benefits equally to all the survived legal heirs
including the petitioner and his brother after giving notice to all
stakeholders and opportunity of hearing to the respective rival
claimants as well. The entire exercise shall be completed within a
period of five months from the date of receipt of a copy of this order.”
6. The appellants are aggrieved by the two different orders passed in
the aforesaid two writ petitions. Infact the appellants are not aggrieved by the
order passed in W.P.(MD)No.15233 of 2023. But aggrieved by the order
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passed in W.P.(MD)No.19773 of 2023, wherein it has directed to grant
proportionate family pension to the children born to the second wife. The
contention of the appellants is that the family pension is payable to the first
wife alone and not to the second wife or her children.
7. In order to consider the issue raised by the appellants, the relevant
provisions ought to be considered. Under Rule 49 of Tamil Nadu Pension
Rules, 1978 provides for family pension. Under Rule 49(6) it states that
(6) The period for which family pension is payable shall be
as follows :-
i) in the case of widow or widower, up to the date of death
or remarriage, whichever is earlier ;
(ii) in the case of a son, until he attains the age of '[twenty
one years] [twenty-five years]; and
(iii) in the case of an unmarried daughter, until she attains
the age of '[twenty-four years] (thirty years) '[twenty five
years] or until she gets married whichever is earlier:
Under Rule 49(13)(a) it has indicated what a “family” of deceased employee
means and the same is culled out hereunder:
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“(13) For the purposes of this rule,-
(a) "continuous service" means…
(b) family, in relation to a Government servant mean –
(i) (a) wife in the case of a male Government servant or husband in
the case of a female Government servants;
(b) a judicially separated wife or husband, such separation not
being granted on the ground of adultery and the person surviving was
not held guilty of committing adultery.]
[ii) son who has not attained the age of [twenty one years] [twenty
five years] and unmarried daughter who has not attained the age of
[twenty four years] [thirty years] [twenty five years] [including such
son or daughter legally adopted and also such son or unmarried
daughter born through illegitimate wife] ***] [and such son or
daughter born after retirement, on or after the 1st January 1979].”
From the combined reading of Rule 49(6) and Rule 49(13)(b)(ii) it is evident
that the minor sons and daughters are eligible for family pension until they
attain the age of twenty five years. And the illegitimate minor sons and
daughters are also eligible for family pension. In the present case, the minor
sons were born to second wife (relationship), when the first marriage was
subsisting, then the minor sons born to second wife becomes illegitimate
minor sons and consequently covered under Rule 49(13)(b)(ii) and entitled to
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family pension. Therefore, the minors sons born to the second wife namely
Minor.G.U.Nimal and Minor.G.U.Nikkil are entitled to family pension along
with the first wife namely U.Sandhya.
8. Now the share of the family pension ought to be determined.
Under Rule 49(6)(iii)(ii)(b) it has been stated that the twins are entitled to
equal shares and the relevant provision is culled out hereunder:
“(b) in cases of twin children to such twin children in equal shares. In
the event of any of such children ceasing to be eligible for family
pension his or her share of family pension will become payable to the
other such child and when both such children become ineligible for
family pension, the family pension will become payable to the next
eligible child or twin children, as the case may be;”
9. Under Rule 49(7)(b) proviso it has been stated that the widow and
minor child is entitled to equal shares. Therefore, this Court is of the
considered opinion as per the above provisions the first wife U.Sandhya is
entitled to 50% of the family pension. The Minor.G.U.Nimal and
Minor.G.U.Nikkil are entitled to balance 50% (each 25%) of family pension
and the minors are entitled to receive family pension until they attain 25 years
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and thereafter the family pension shall be stopped to the children. After
stopping of such pension to the said minors on attaining 25 years, the first wife
is entitled to receive full pension until her life time or until remarriage.
10. As far as the terminal benefits are concerned, the 1st wife
U.Sandhya, the children of first marriage namely Ruban (38 years) and Rubini
(37 years), the minor children Minor.G.U.Nimal and Minor.G.U.Nikkil are
entitled to equal shares, which comes to five equal shares. At this juncture, the
Learned Counsel appearing for the minors submitted that the mother of the
minor children had spent more than 20 lakhs for the father Umakanthan liver
treatment. Further the major children namely Ruban and Rubini are earning.
Hence, the terminal benefits may be divided into three equal shares. But such a
plea cannot be entertained. However the parties are at liberty for private
negotiations and settlement for three equal shares.
11. Based on the above discussions the following orders are passed:
i. As far as family pension is concerned, the first wife
U.Sandhya is entitled to 50% of the family pension. The
Minor.G.U.Nimal and Minor.G.U.Nikkil are entitled to
balance 50% (each 25%) of family pension.
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ii. The minors are entitled to receive family pension until
they attain 25 years and thereafter the family pension shall
be stopped to the minor children.
iii. After stopping of such pension to the said minors on
attaining 25 years, the first wife is entitled to receive full
pension thereafter until her life time or until remarriage.
iv. As far as Terminal benefits are concerned, the 1st wife
U.Sandhya, the children of first marriage namely Ruban
(38 years) and Rubini (37 years), the minor children
Minor.G.U.Nimal and Minor.G.U.Nikkil are entitled to
equal shares, which comes to five equal shares.
v. As far as the claim of three equal shares are concerned,
the parties are at liberty for private negotiations and settle
for three equal shares.
vi. The appellants shall take necessary steps to disburse
the family pension and terminal benefits within a period of
eight weeks from the date of receipt of the copy of this
order.
12. With the above said observations, the writ appeals in
W.A.(MD)No.938 of 2024 and W.A.(MD)No.1045 of 2024 are disposed of.
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Hence, the order passed in W.P.(MD)No.15233 of 2023 and the order passed
in W.P.(MD)No.19773 of 2023 are clarified and modified to the extent
stated supra. No costs. Consequently, connected miscellaneous petitions are
closed.
[J.N.B., J.] [S.S.Y., J.]
25.02.2025
Index : Yes / No
Tmg
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To:
1.The District Collector,
Kanyakumari District,
Nagercoil Post,
Kanyakumari District.
2.The Assistant Director of Town Panchayats,
Nagercoil Zone,
Collectorate Campus,
Kanyakumari District.
3. The Executive Officer,
Killiyur Town Panchayat Office,
Killiyur Post,
Kanyakumari District.
4.The Directorate of Town Panchayat,
Campus of Town Panchayat,
Raja Annamalaipuram,
Chennai – 28.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
Tmg
W.A(MD)Nos.938 and 1045 of 2024
25.02.2025
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