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Madras High CourtWP/13018/2021dismissed

Elizabeth v. The Superintending Engineer

2021-06-23Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2021

CORAM

THE HON'BLE MR. JUSTICE S.S.SUNDAR W.P.No. 13018 of 2021 Elizabeth ..Petitioner Vs

1. The Superintending Engineer, General Construction Circle (SE/GCC/Salem), Tamil Nadu Electricity Board, Kamaraj Nagar Colony, Aathur Bypass Road, Salem 14.

2. The Deputy Chief Local Fund Audit Officer, Audit Branch (Pension), Chennai - 600 002.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the first respondent vide Ka.No.1365/Nee.pi.1/Nee.Vuu.2/Kho.Ku. O./2020, dated 20.04.2020 and quash the same consequently direct the 1st respondent to pay the accumulated arrears of Family Pension payable from the date of death of the petitioner's husband Varathan, till the monthly family pension is paid along with interest at the rate of 12 % p.a.

For Petitioner : Mr.T.Muruganantham For Respondents : Mr.Karthik Raja (for R1) No appearance (for R2)

O R D E R

This Writ Petition is filed, to quash the proceedings of the first respondent vide Ka.No.1365/Nee.pi.1/Nee.vuu.2/Kho.Ku. O./2020, dated 20.04.2020 and for a consequential direction to the 1st respondent to pay accumulated arrears of Family Pension payable from the date of death of the petitioner's husband

Varathan, till the monthly family pension is paid along with interest at the rate of 12 % p.a.

2. The petitioner states that the marriage between the petitioner and her husband Varathan was solemnized on 11.04.1985 and the same was registered at Joint Sub Registrar Office - II, Vellore. The petitioner claims to be the 2nd wife of the said Varathan who died on 26.11.2014. It is also stated by the petitioner that the first wife of said Varathan died on 10.08.2012. Though the petitioner produced the legal heirship certificate issued to the petitioner showing her and her two children as legal heirs of said Varathan before the Authority concerned, the 1st respondent rejected the application for Family Pension on the ground that there was no proof to show that the petitioner is the 2nd wife of the said Varathan and that the said Varathan had already nominated his first wife and daughter as the persons eligible to get Family Pension. The said order of the 1st respondent is put to challenge in the present Writ Petition.

3. The learned counsel for the petitioner states that way back on 31.01.1987, the petitioner's husband submitted the General Provident Fund Nomination Form showing the petitioner as his wife, to be eligible to get Provident Fund. Similarly, the counsel further submits that the 1st wife of said Varathan, by name Mary Vaseegaram died on 10.08.2012 and that the petitioner is the only wife, entitled for Family pension upon the death of the petitioner's husband.

4. This Court carefully considered the submissions of the counsel for the petitioner.

5. Admittedly, the said Varathan died on 26.11.2014, his first wife died on 10.08.2012 and the Marriage between the petitioner and the said Varathan was solemnized in the year 1985, which shows that the petitioner had married Varadhan during the subsistence of the first marriage. Therefore, the status of the petitioner as the 2nd wife, cannot be acknowledged and she cannot claim Family Pension as a heir of the said Varathan, as the marriage itself is void. It is true that the petitioner's children may have a claim to retirement benefits of said Varathan as legal heirs if she is able to prove her marriage.

6. As far as the petitioner is concerned, this Court cannot recognize her as the 2nd wife, and not to let her claim over the retirement benefits of the deceased Varathan which are payable upon the death of the said Varathan.

7. In view of the above, this Court does not find any merits in the Writ Petition and hence the same is dismissed. No costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vum To

1. The Superintending Engineer, General Construction Circle (SE/GCC/Salem), Tamil Nadu Electricity Board, Kamaraj Nagar Colony, Aathur Bypass Road, Salem 14.

2. The Deputy Chief Local Fund Audit Officer, Audit Branch (Pension), Chennai - 600 002.

+1cc to Mr.Karthik Raja, Advocate, S.R.No.29240 +1cc to Mr.T.Muruganantham, Advocate, S.R.No.29321 W.P.No. 13018 of 2021 UM(CO) RGA(19/07/2021)