Madras High CourtWP(MD)/4042/2022dismissed

Kaliammal.P v. The Divisional Engineer

2022-03-24Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.4042 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.4042 of 2022 P.Kaliammal ... Petitioner Vs.

1.The Divisional Engineer, National Highways Department Office, Panagal Maligai Old Bus Stand, Thanjavur.

2.The Divisional Engineer National Highways Divisional Office, Subramaniapuram ... Respondents Trichy -20 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondents conclude the proceedings in Ka.No.392/2019/Aa1 dated 16.08.2019 to grant family pension to the petitioner.

For Petitioner : Mr.V.Karna For Respondents : Mr.D.S.Nedunchezian Additional Government Pleader

ORDER

The relief sought for in the present writ petition is to direct the respondents to conclude the proceedings dated 16.08.2019 and grant family pension to the petitioner.

2. The proceedings dated 16.08.2019 reveals that the Divisional Engineer, Trichy has sent a letter to the Divisional Engineer National Highways, Thanjavur stating that the service records of the deceased employee is to be verified.

3. The learned Additional Government Pleader appearing on behalf of the respondents made a submission that there is a counter claim in respect of the deceased employee. As per the written instructions furnished to the learned Additional Government Pleader, in the pension proposal, the name of the petitioner Mrs.P.Kaliammal was entered a wife. However, in service records, the deceased employee nominated his second wife P.Murugayee. In view of the counter claims, the authorities are unable to settle the terminal benefits due to the employee.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4042 of 2022

4. Whenever there is counter claims between two wives, the validity of the marriage is to be established before the competent Court of law. Authorities cannot adjudicate the issue with reference to the validity of the marriage and therefore, the petitioner has to approach the competent Court of law for the purpose of getting declaration regarding the validity or otherwise of the marriage with the deceased employee.

5. With this liberty, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To 1.The Divisional Engineer, National Highways Department Office, Panagal Maligai Old Bus Stand, Thanjavur.

2.The Divisional Engineer National Highways Divisional Office, Subramaniapuram Trichy +1 CC to M/s.SPL GP ( SR-14512[F] dated 25/03/2022 ) W.P.(MD)No.4042 of 2022 24.03.2022 SRR(CO) KB(04.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2