Ranganayaki v. The Accountant General (Accounts And Entitlements )
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Ranganayaki ... Appellant Vs.
1.The Accountant General (Accounts & Entitlements), Office of the Accountant General (Accounts & Entitlements) Tamil Naud, 361, Anna Salai, Teynampet, Chennai - 600 018.
2.The District Elementary Educational Officer, Kallakurichi District, Kallakurichi.
3.The District Treasury Officer, Kallakurichi.
4.The Block Educational Officer, Thirunavalur, Kallakurichi District.
5.Ramu Ammal ... Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 02.08.2024 passed in W.P.No.21520 of 2024 and to allow the Writ Appeal.
Page No.: 1 of 5
For Appellant : Mr.C.Prabakaran For 1st Respondent : Mr.V.Arunachalesh for Mrs.J.Sree Vidya, Standing Counsel *******
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Challenge in this Writ Appeal is to the order of the writ Court made in W.P.No.21520 of 2024 dated 02.08.2024, in and by which, the writ Court dismissed the Writ Petition, wherein, the appellant prayed for issuance of a Writ of Certiorarified Mandamus seeking to quash the order dated 06.02.2024 granting family pension to the 5th respondent treating her as the wife of deceased Kasinathan. It is the claim of the appellant that she is the legally wedded wife and Kasinathan had in a connected civil proceeding admitted her status as his wife.
2. From the proceedings that were impugned in the Writ Petition it is seen that the Authorities have gone by the nomination made by the deceased Kasinathan. Once there is a nomination, the Authorities are bound by the nomination. Of course, the nominee will hold the benefits in trust for the actual -------------------- Page No.: 2 of 5
heirs. The Authorities cannot decide as to who is the legally wedded wife of Kasinathan in these proceedings.
3. Therefore, leaving it open to the appellant to establish her status in the manner known to law, this Writ Appeal is dismissed. It is made clear that none of the findings rendered by the writ Court in the order impugned in this Writ Appeal will stand in the way, if the appellant is to file a suit seeking declaration of her status as wife of Kasinathan and the civil Court will proceed independently on the materials placed before it. No costs.
(R.S.M.,J.) (G.A.M.,J.) 13.02.2025 dsa Index : No : No Speaking order Page No.: 3 of 5
To 1.The Accountant General (Accounts & Entitlements), Office of the Accountant General (Accounts & Entitlements) Tamil Naud, 361, Anna Salai, Teynampet, Chennai - 600 018.
2.The District Elementary Educational Officer, Kallakurichi District, Kallakurichi.
3.The District Treasury Officer, Kallakurichi.
4.The Block Educational Officer, Thirunavalur, Kallakurichi District.
-------------------- Page No.: 4 of 5
R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
dsa 13.02.2025 Page No.: 5 of 5