V.Deva Pitchai v. The Internal Audit Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.8127 of 2025 V.Deva Pitchai ... Appellant Vs.

1.The Internal Audit Officer, Board Audit Office, Tamil Nadu Generation and Distribution Corporation Ltd., (TANDEDCO), N.P.K.R.R. Maligai, First Floor, 144/800, Annasalai, Chennai -2.

2.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANDEDCO), Tirppur Distribution Circle, Tiruppur Town and District.

3.The Superintendant Engineer, Electricity Distribution Circle / South Tamil Nadu Generation and Distribution Corporation Ltd., (TANDEDCO), Coimbatore District.

... Respondents 1/4

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.7266 of 2023 dated 05.09.2023 on the file of this Court. For Appellant : Mr.Mark J.Jackson

JUDGMENT

The appellant requested TANGEDCO management to grant her family pension. Her request was rejected by the second respondent herein. Challenging the rejection order, the appellant filed W.P.(MD)No.7266 of 2023. The learned Single Judge vide order dated 05.09.2023 dismissed the writ petition. Questioning the same, this writ appeal has been filed.

2.The only question that calls for consideration is whether the appellant is entitled to the benefit of family pension. The case of the appellant is that her husband / T.Selvanayagam was employed with TANGEDCO.

2/4

3.It is true that they got married on 20.04.1967. But the marriage was declared as void vide decree dated 24.07.1989 in O.S.No.482 of 1987 on the file of the Principal District Musif Court, Srivilliputhur. The appellant claims that subsequently in the year 1992, she rejoined her husband and there was even a fresh marriage as per Christian rites and customs. But then, this factum is not reflected in the service record of Selvanayagam. The appellant has no Civil Court's decree declaring that she subsequently again became the wife of T.Selvanayagam. Since there is no legally acceptable evidence in support of the appellant's marital status, the learned Single Judge rightly negatived the relief. Interference with the said order is not warranted and the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 02.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 02.06.2025 4/4