G.Manjula, v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and WMP(MD) No.7802 of 2019 G.Manjula ... Petitioner Vs.
1.The Principal Secretary to Government Social Welfare and Nutrition Programme Government of Tamilnadu Fort St. George,Chennai 600 009.
2.The Commissioner of Social Welfare, Panagal Maligai Saidapet, Chennai.
3.The Director, Integrated Child Development Scheme, Tharamani, Chennai 113 4.The District Collector, Tiruchirappalli 5.The Project Officer, Integrated Child Development Scheme, Child Development Department Old Collector Office Building, Trichy.
6.The Accountant General 361 Anna Salai Teynampet Chennai 7.N.Vembu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondents to sanction 2/3rd of the family pension to the benefit of the petitioner's two minor children, payable on the death of the petitioner's husband B.Nagarajan.
For Petitioner : Mr.K.S.Muthu For Respondents : Mr.A.K.Manikkam for R1 to R5 Special Government Pleader Mr.P.Gunasekaran for R6 Mr.G.Kannan for R7 1/3
ORDER
The relief sought for in the present writ petition is to direct the respondents to sanction 2/3rd of the family pension to the benefit of the petitioner's two minor children, payable on the death of the petitioner's husband B.Nagarajan.
2. The petitioner admittedly is the second wife of the deceased employee Mr.Nagarajan, who was working as Jeep Driver and died while he was in service.
3. The learned counsel for the petitioner states that the first wife of the deceased employee is living separately along with her two sons and one of the son already got appointment on compassionate grounds. The petitioner is the second wife having two minor sons and therefore, the pension is to be shared with the minor sons.
4. The learned counsel for the 7th respondent made a submission that the 7th respondent is the legally wedded first wife of the deceased employee. She is entitled for family pension as per the Tamil Nadu Pension Rules 1978. The petitioner being the second wife is not entitled for family pension as the second marriage is not valid in the eye of law. The family pension cannot be shared and it is to be paid only to the legally wedded spouse. As far as the other terminal benefits are concerned, equal share has already been settled in favour of the minor children of the second wife/writ petitioner and therefore, the very relief sought for in the writ petition to share the family pension is in violation of the Tamil Nadu Pension Rules, 1978.
5. This Court is of the considered opinion that as per the Tamil Nadu Family Pension Rules, 1978, family pension is paid only to the eligible spouse. Family pension cannot be shared between legal heirs. As far as the terminal benefits are concerned, the same had been settled equally between the other legal heirs, more specifically to the minor children of the writ petitioner. This being the factum, the relief as such sought for is strictly in violation of the Tamil Nadu Pension Rules and cannot be considered.
6. The writ petition stands dismissed. No costs. Consequently connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (Protocol) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3
RR To 1.The Principal Secretary to Government Social Welfare and Nutrition Programme Government of Tamilnadu Fort St. George, Chennai 600 009.
2.The Commissioner of Social Welfare, Panagal Maligai Saidapet Chennai.
3.The Director, Integrated Child Development Scheme, Tharamani Chennai 113 4.The District Collector, Tiruchirappalli 5.The Project Officer, Integrated Child Development Scheme, Child Development Department Old Collector Office Building, Trichy.
6.The Accountant General 361 Anna Salai Teynampet Chennai +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-17453[F] dated 08/04/2022 ) +1 CC to M/s.SPL.G.P ( SR-17579[F] dated 08/04/2022 ) 07.04.2022 SG(CO) KB(29.04.2022) 3P 9C 3/3