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2009 Supreme(Mad) 2187

R.SUDHAKAR
Mangai ammal & Others – Appellant
Versus
The Asst Director Animal Husbandary Department & Others – Respondent


Advocates Appeared:
For the Petitioners:R. Loganathan, Advocate.
For the Respondents:L.M.S. Hassan Fizal, Government Advocate, Vijay Shankar, Advocate.

Judgment :-

The case of the petitioners is that late Patchaiappan retired from service on 30.6.1997 and received all retirement benefits. He also received pension till his death. After his death on 310. 2005, according to the department, one Veerammal is the wife of late Patchaiappan. This is evident from the family card and the papers forwarded by late Patchaiappan at the time of getting retirement benefits. Therefore, the claim of the present petitioners was not accepted. On the death of Patchaiappan, on 13. 2006, a legal heir certificate has been issued by the Tahsildar, Chengi, in pa.mu. (A5)/325/01 wherein, the first petitioner is shown as wife of late Patchaiappan and Kanniappan is shown as son of late Patchaiappan and four other persons are shown as grandchildren of Patchaiappan through the son Ramalingam and grand children of Mangaiammal, first petitioner. The department took a stand that nowhere in the papers submitted by late employee, there is a reference about the first petitioner Mangaiammal and others and therefore, they cannot claim as persons eligible for receiving family pension. Respondents 3 and 4 were impleded by the order of this Court dated 12. 2008. The third













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