Madras High CourtWA/2057/2023dismissed

P.Sundari v. The Director

2026-06-08Honourable Mr Justice S. M. Subramaniam,Honourable Mrs.Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MRS.JUSTICE R. KALAIMATHI P.Sundari ..Appellant(s) Vs

1. The Director Fire and Rescue Department, Egmore, Chennai-600 008.

2. The Assistant Director Fire and Rescue Department, North West Zone, Vellore, Vellore District.

3. The District Officer District Fire and Rescue Department, Tiruvannamalai.

..Respondent(s) Writ Appeal filed under Clause 15 of the Letters Patent issuing writ of mandamus to set aside the order dated 16.12.2022 made in WP.No. 1214 of 2022.

For Appellant(s):

Mrs.R.Kalaiyarasi For Respondent(s):

Mrs.A.Suganya Government Counsel

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra-court appeal has been instituted to assail the writ order dated 16.12.2022 made in WP.No. 1214 of 2022.

2. Writ petitioner is the appellant. The order dated 03.01.2022 rejecting the claim of the appellant for grant of family pension is under challenge in the writ proceedings.

3. Appellant claims that she is the legally wedded wife of the deceased employee Late.L.Ponnusamy, who was employed in Government department. Admittedly, appellant obtained a decree of divorce in HMOP No.55 of 1994 dated 17.10.1994. However, employee died on 30.10.2002 after a lapse of 8 years from the date of order of divorce.

4. Though the learned counsel for the appellant would submit that appellant rejoined with her deceased husband, there is no proof to establish the same, nor entries made in the service register showing her as nominee.

5. In the absence of any records, appellant cannot be construed as a legally wedded wife, since she obtained divorce in the year 1994. Thus, writ order is in consonance with the principles of law, and there is no infirmity in

the order dated 16.12.2022 made in WP.No. 1214 of 2022 and thus, the same is confirmed. Accordingly, the writ appeal is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.K.M.,J.) 08-06-2026 Index: Yes/No Speaking/Non-speaking order GD To

1. The Director Fire and Rescue Department, Egmore, Chennai-600 008.

2. The Assistant Director Fire and Rescue Department, North West Zone, Vellore, Vellore District.

3. The District Officer District Fire and Rescue Department, Tiruvannamalai.

S.M.SUBRAMANIAM, J.

AND R.KALAIMATHI, J.

GD 08-06-2026