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V.Mariammal vs The Chairman on 30 July, 2019

W.P(MD)No.19794/2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30.07.2019
CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD)No.19794 of 2014

V.Mariammal … Petitioner

Vs.

1.The Chairman,
TANGEDCO,
Production-cum-Distribution,
144, Annasalai,
Chennai.

2.The Superintendent Engineer,
TANGEDCO,
Cuddalur Distribution Circle,
Cuddalur.

3.The Assistant Executive Engineer,
TANGEDCO,
Viruthachalam Town,
Cuddalur District.

4.R.Ganagavalli … Respondents

PRAYER: Writ Petitions under SectionArticle 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 to
3 to stop the payment of death benefit of V.Rajendrakumar to the
fourth respondent till the final disposal of the criminal case in Cr.No.
309 of 2012 dated 13.05.2012 on the file of the Viruthachalam

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W.P(MD)No.19794/2014

Police Station by considering her representation dated 14.11.2014
within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen

For R1 to R3 : Mr.S.Dhayalan,
Government Advocate

For R4 : Mr.S.C.Herold Singh

ORDER

The relief sought for in the present writ petition is for a

direction to the respondents 1 to 3 to stop the payment of death

benefit of Thiru.V.Rajendrakumar to the fourth respondent till the

final disposal of the criminal case in Cr.No.309 of 2012, dated

13.05.2012 on the file of the Viruthachalam Police Station by

considering her representation, dated 14.11.2014.

2.The writ petitioner states that her son

Thiru.V.Rajendrakumar was employed in the Tamil Nadu Electricity

Board and died while he was in service. He was employed as

Wireman in the office of the third respondent. The son of the writ

petitioner married the fourth respondent on 19.05.1999 and out of

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W.P(MD)No.19794/2014

their wedlock a son and a daughter born. The son of the writ

petitioner filed a petition in H.M.O.P.No.68 of 2010 on the file of the

Subordinate Judge, Sankarankovil for restitution of Conjugal right.

The petitioner states that the fourth respondent along with her

sister-in-law Rani, who was working in the Police Department,

conspired and made an attempt to kill her son. The Special Sub

Inspector of Police, Viruthachalam Police Station registered a case in

Cr.No.309 of 2012 on 13.05.2012 under Section 174 of Cr.P.C., and

obtained the signature from the writ petitioner. The writ petitioner

sent complaints to the police officials and the authorities competent

had not taken any action. Thus, the writ petitioner is constrained to

move the present writ petition to stop the terminal and pensionary

benefits of her son Thiru.V.Rajendrakumar in favour of the fourth

respondent.

3. This Court is of the considered opinion that the deceased

employee was married to the fourth respondent, thus, the fourth

respondent admittedly is the wife of the deceased employee. As far

as the family pension is concerned, the same cannot be settled in

favour of any other person other than the spouse. The very consept

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W.P(MD)No.19794/2014

of the family pension is that the spouse of the deceased employee

alone is entitled to get the family pension and in respect of other

benefits the authorities competent are bound to go by the

nomination available in the Service Register of the employee

concerned. Thus, the authorities competent are bound to verify the

nomination as well as ascertain the legally wedded spouse and

accordingly, settle the pensionary benefits as well as the family

pension.

4. The learned counsel for the petitioner states that the

petitioner has no other source of livelihood and therefore, some

amount is to be settled in favour of the writ petitioner. This Court

cannot issue any such direction in violation of the pension rules.

However, if the petitioner is unable to maintain herself on account

of old age, she is at liberty to approach the competent authority

under the Senior Citizen Maintenance Act and appropriate petition

is to be filed setting out the facts and details before the

competent authority under the provisions of the Senior Citizen

Maintenance Act and in the event of submitting any such

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W.P(MD)No.19794/2014

application, the sons and daughters of the writ petitioner are bound

to maintain the writ petitioner with reference to the provisions of

the Act. This being the only remedy available to the writ petitioner.

This Court cannot stop the sanctioning and disbursement of

pensionary benefits and family pension to the spouse as per the

nominations and as per the pension rules in force. This being the

factum, the respondents 1 to 3 are directed to initiate all

appropriate action for the settlement of family pension and arrears

of family pension in favour of the legally wedded wife of the

deceased employee and with reference to the nominations available

in the Service Register of the deceased employee.

5.With these observations, the writ petition stands disposed

of. No costs.

30.07.2019
Index:Yes/No
Internet:Yes/No
Am

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W.P(MD)No.19794/2014

S.M.SUBRAMANIAM,J.

Am

To

1.The Chairman,
TANGEDCO,
Production-cum-Distribution,
144, Annasalai,
Chennai.

2.The Superintendent Engineer,
TANGEDCO,
Cuddalur Distribution Circle,
Cuddalur.

3.The Assistant Executive Engineer,
TANGEDCO,
Viruthachalam Town,
Cuddalur District.

W.P.(MD)No.19794 of 2014

30.07.2019

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