← Library
Madras High CourtWP/27026/2025disposed of with direction

V.Lovisal v. The Principal

2026-01-19Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.53898 of 2025 V.Lovisal ... Petitioner Vs.

1.The Principal Accountant General, (A & E), Office of the Principal Accountant General, (A & E), No.361, Anna Salai, Chennai 600 018.

2.The Assistant Educational Officer, R.K.Pet, Tiruvallur District 631 303.

3.The Block Educational Officer - I, R.K.Pet, Tiruvallur District 631 303.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for records relating to the impugned order in Na.Ka No.0323/AA2/2025 dated 14.05.2025 on the file of the third respondent and quash the same and consequently direct the first respondent to pass order of family pension payment to the petitioner.

1/4

For Petitioner : Mr.S.Arokia Mani Raj For Respondents : Ms.G.Vardhini Karthik for R1 Mrs.S.Mythreye Chandru for R2 & R3 Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for records relating to the impugned order in Na.Ka.No.0323/AA2/2025 dated 14.05.2025 on the file of the third respondent and quash the same and consequently direct the first respondent to pass order of family pension payment to the petitioner.

2.The learned counsel appearing for the petitioner submitted that the petitioner's husband joined the School Education Department on 01.10.1973 and retired as Head Master on 30.09.2005 and he nominated the petitioner as the nominee to receive the family pension and he expired on 02.11.2007, however payment order of the family pension of the petitioner's husband was awarded to her daughter Johna Jacklin on 06.06.2011 appointing the petitioner as the guardian on the ground that the marriage between the petitioner's husband and the petitioner took place during the lifetime of one Jamimaa/ first wife of the petitioner's husband. The learned counsel further submitted 2/4

that the petitioner's husband obtained an order and decree of divorce from his first wife Jamimaa on 23.12.2005 and at the time of his death, the petitioner is the legally wedded wife, however, family pension was not sanctioned in favour of the petitioner. 3.The learned counsel appearing for the petitioner further submitted that, this Court may without going into the merits of the case, grant liberty to the petitioner to work out the remedy before the competent civil Court.

4.Considering the limited relief now sought for by the learned counsel appearing for the petitioner, this Court without expressing any opinion on the merits of the case, grants liberty to the petitioner to work out the remedy before the competent civil Court. 5.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 19.01.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Principal Accountant General, (A & E), Office of the Principal Accountant General, (A & E), No.361, Anna Salai, Chennai 600 018.

2.The Assistant Educational Officer, R.K.Pet, Tiruvallur District 631 303.

3.The Block Educational Officer - I, R.K.Pet, Tiruvallur District 631 303.

And W.M.P.No.53898 of 2025 19.01.2026 4/4