N. Jamuna v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.No.18955 of 2025 and W.M.P.No.21241 of 2025 N. Jamuna ... Petitioner Vs 1.The Secretary to Government Transport Department, Secretariat, Chennai-600 009.
2.The General Manager Tamil Nadu Transport Corporation, Kancheepuram Zone, Zonal Office, Ponnerikkarai, Chennai-Bangalore Highway, Karapettai, Kancheepuram-631 552 3.Mallika .... 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 of the 2nd respondent in Letter No.2082/ S1/ NeeVP/ TNGTC/ Kanchee/ 25 dated 12.05.2025 and quash the same consequently, direct the 2nd respondent herein not to disburse the terminal benefits, arrears of pension, family pension and all
other monetary benefits of Late.Natarajan till the disposal of Appeal Suit in A.S. No.1 of 2021 on the files of the Subordinate Judge, Kancheepuram. For Petitioner : Mr.A.Ilaya Perumal For R1 : Mrs.R.L.Karthika Government Advocate For R2 : Mr.M.Aswin
O R D E R
The petitioner seeks the following relief:
To call for the records of the 2nd respondent in Letter No.2082/ S1/ NeeVP/ TNGTC/ Kanchee/ 25 dated 12.05.2025 and quash the same consequently, direct the 2nd respondent herein not to disburse the terminal benefits, arrears of pension, family pension and all other monetary benefits of Late.Natarajan till the disposal of Appeal Suit in A.S. No.1 of 2021 on the files of the Subordinate Judge, Kancheepuram.
2. The entire matter pertains to the disbursement of death/retirement benefits of one Mr.Natarajan, who was employed as a driver with the 2nd respondent Corporation. It appears that Mr.Natarajan was twice married. The petitioner claims to be his wife and so does one Mallika. Hence, the petitioner had approached the civil Court in O.S.No.171 of 2015 and obtained a
declaration as she is the wife of the deceased. In view of the conflicting claims, the 2nd respondent was contemplating the conduct of an enquiry. Subsequently, the 3rd respondent, Mallika filed a petition before this Court in W.P.No.2082 of 2025. By an order dated 31.01.2025, this Court directed the respondents to consider the claim of the petitioner therein and after holding proper enquiry to pass appropriate final orders.
3. Pursuant to the direction of this Court, the respondents have commenced the enquiry. The present writ petition has been filed challenging the said enquiry proceedings.
4.I heard Mr.A.Ilaya Perumal, learned counsel for the petitioner, Mrs.R.L.Karthika, Government Advocate for the 1st respondent and Mr.M.Aswin, learned counsel for for the 2nd respondent.
5. This Court cannot quash the proceedings initiated pursuant to its earlier direction. The enquiry is being conducted following the Court's order and the petitioner has been called upon to appear and submit her explanation in response to the claim made by Mallika.
6.Mr.Aswin, learned counsel for for the 2nd respondent submits that as long as the civil proceedings are pending, no order for disbursement of benefits will be made. He further assures this Court that the 2nd respondent will act only on the basis of the final orders passed by the civil Court. He also submits that no prejudice will be caused to the petitioner, if she appears before the respondent to participate in the enquiry. The submission of Mr.Aswin allays the fear of the petitioner. The petitioner is at liberty to produce the appeal grounds before the 2nd respondent. The latter shall abide by Mr.Aswin's statement.
7. With the above observation, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 23.05.2025 rpl Index : Yes /No Speaking Order : Yes/No
To 1.The Secretary to Government Transport Department, Secretariat, Chennai-600 009.
2.The General Manager Tamil Nadu Transport Corporation, Kancheepuram Zone, Zonal Office, Ponnerikkarai, Chennai-Bangalore Highway, Karapettai, Kancheepuram-631 552
V. LAKSHMINARAYANAN, J.
rpl W.P.No.18955 of 2025 23.05.2025