Mariammal N v. The Accountant General (Accounts And Entitlements)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.09.2025

CORAM:

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE W.P(MD)No.16283 of 2021 and W.M.P(MD)No.13123 of 2021 N.Mariammal ... Petitioner .Vs.

1.The Accountant General, 361, Anna Salai, Teynampet,Chennai- 600 018.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Treasury Officer, Thoothukudi District, Thoothukudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the first respondent herein in Pen/1/Pt. 1/5

13306/18-19, dated 7.6.2019 and to quash the same and further direct the first respondent herein to grant family pension and life time arrears of family pension to the Petitioner. For Petitioner : Mr.Ajith Geethan For Respondent-1 : Mr.P.Gunasekaran Standing Counsel For Respondent-2 : Mr.A.Baskaran, Addl.Govt.Pleader

O R D E R

This Writ Petition has been filed challenging the impugned order, dated 7.6.2019 passed by the first respondent rejecting the Petitioner's request for payment of family pension on account of the death of S.Natarajan on the ground that the Petitioner married Natarajan during the lifetime of the first wife of Natarajan, since the Petitioner is not the legally wedded wife, the first respondent has rejected the Petitioner's request for payment of family pension.

2.The Petitioner has also not disputed the fact in the Writ Petition that she had married S.Natarajan in the year 1962 when the first wife of S.Natarajan was very much alive. The law is now well settled by judgments rendered by various Constitutional Courts, which includes the Division Bench Judgments of this 2/5

Court that a person, who is the second wife and has married the deceased when the first wife was very much alive, is not entitled to receive family pension.

3.The Division Bench judgments rendered by this Court which has settled the law are as follows:

a) R.Rajathi .vs. The Superintendent Engineer and another in W.A.NO.977 of 2017, dated 5.6.2018;

b)Vijayalakshmi .vs. The Principal Accountant General(A&E), Tamil Nadu and another reported in 2022-I-Writ L.R.360. 4.Since the law is well-settled, the question of entertaining this Writ Petition does not arise, as the same is not maintainable. Hence, this Court does not find any merit in the Writ Petition. 5.Accordingly,the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 02.09.2025 NCS : Yes/No Index : Yes / No 3/5

Internet : Yes / No vsn To 1.The Accountant General, 361, Anna Salai, Teynampet,Chennai- 600 018.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Treasury Officer, Thoothukudi District, Thoothukudi.

ABDUL QUDDHOSE.,J.

vsn ORDER MADE IN 4/5

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