BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 30.07.2020 DELIVERED ON : 26.08.2020 CORAM: THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN WP(MD).No.19997 of 2013 J. Kulandai Therasa Vimala : Petitioner Vs.

[9/19, 16:32] Sekarreporter 1: WP(MD).No.19997 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 30.07.2020
DELIVERED ON : 26.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN
WP(MD).No.19997 of 2013
J. Kulandai Therasa Vimala : Petitioner
Vs.
1.The Principle Accountant General,
O/o. the Principal Accountant General (A&E) Tamil Nadu,
No.361, Anna Salai,
Chennai -8.
2.The Commissioner of Labour,
Thenampet,
Chennai.
3.The Deputy Commissioner of Labour,
O/o. the Deputy Commissioner of Labour,
Trichy.
4.The Assistant Commissioner of Labour,
O/o. the Deputy Commissioner of Labour,
Dindigul. … Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus calling for the records from the
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(b) the concept of family pension cannot be treated as the estate
of the Government servant and the law relating to devolution of the estate
of the Government Servant cannot be applied in the case of family pension.
(c) the date of death of the Government servant cannot be taken
as a guiding factor to decide the question of entitlement of family pension.
(d) in order to enable a second wife to claim family pension the
marriage should have been valid under the Personal Law applicable to the
parties.
e) the widow of an invalid marriage is disqualified from seeking
family pension.
f) second wife having solemnized the marriage though after the
decree of judicial separation is not recognized as a legitimate under the
personal law viz., Indian Christian Act and therefore, she is not entitled for
family pension under the Tamil Nadu Pension Rule
g) Rule 49(7)(a)(i) is applicable to the person only if the personal
law permits the person for having more than one wife and for none others.
(h) wife separated by a decree of judicial separation is entitled to
claim pension, however if the decree of judicial separation was granted on
the ground of adultery, she is not entitled to claim pension after the death
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of her husband.
28. In the interest of justice, the amount withheld for the first
respondent viz., 50% and 1/3rd of DCRG in the name of the first wife who
is hereby declared to be disqualified and debarred, shall be handed over to
the daughter’s of the petitioner herein within a period of eight weeks from
the date of receipt of a copy of this order.
29. Accordingly, the Writ Petition is partly allowed. No costs.
26.08.2020
Index : Yes/No
Internet: Yes/No
trp
NOTE: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
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