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2014 Supreme(Mad) 2929
Madurai Bench of Madras High Court
K.K. SASIDHARAN, J.
P. Alagiri
Versus
The District Collector, Madurai & Others
W.P.(MD)No.12013 of 2014
Decided on: 03-09-2014
For the Petitioner:K. Muthu Ganesa Pandian, Advocate.
For the Respondents:R1 to R4, J. Gunaseelan Muthiah, Government Advocate, R5, P. Gunasekaran, Advocate.
The need for fair consideration and disposal of representations on family pension nominees.
Headnote:
Family Pension - Nominee Inclusion - The court directed the third respondent to consider and dispose of the representation submitted by the petitioner to include the name of his second wife as the nominee in the connected records.
Fact of the Case:
The petitioner sought to include the name of his second wife as the nominee in the connected records after the retirement of the petitioner and the death of his first wife.
Finding of the Court:
The court directed the third respondent to consider and dispose of the representation submitted by the petitioner on merits and as per law within two months.
Issues: Inclusion of second wife as nominee for family pension.
Ratio Decidendi: The court emphasized the need for the representation to be considered and disposed of on merits and as per law.
Final Decision: The writ petition was disposed of with the direction for the third respondent to consider and dispose of the representation submitted by the petitioner.
1. The petitioner appears to have contracted a second marriage during the currency of his first marriage. After the retirement of the petitioner, his first wife died. Therefore, he submitted a representation on 18.09.2013 before the third respondent to incorporate the name of his second wife in the connected records. The representation was not considered by the third respondent. Therefore, the petitioner is before this Court.
2. The factual matrix shows that the petitioner wanted to include the name of his second wife as the nominee in the connected records. The learned counsel for the petitioner is not in a position to produce any regulation to show that the second wife, whose marriage was contracted during the currency of the first marriage, is entitled to get family pension.
3. The learned Standing Counsel appearing on behalf of the Accountant General submitted that the representation submitted by the petitioner would be disposed of.
4. The third respondent is directed to consider and dispose of the representation submitted by the petitioner dated 18.09.2013 on merits and as per law. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order. The petitioner is directed to forward a copy of representation along with a copy of this order, so as to enable the third respondent to dispose of the matter on merits, at the earliest.
5. The writ petition is disposed of with the above direction. No costs.
