JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 02.09.2005 made in A.S.No.30 of 2004 on the file of the learned Subordinate Judge, Thirupathur, confirming the judgment and decree dated 18.06.2004 made in O.S.No.146 of 1999 on the file of the learned District Munsif-cum-Judicial Magistrate, Vaniyambadi.)

1. This Second Appeal is focussed as against the judgment and decree dated 02.09.2005 passed in A.S.No.30 of 2004 by the learned Subordinate Judge, Thirupathur, in confirming the judgment and decree dated 18.06.2004 passed in O.S.No.146 of 1999 by the learned District Munsif-cum-Judicial Magistrate, Vaniyambadi.

2. The parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

3. The laconic averments made in the plaint, are as follows:

(i) The plaintiff Sakunthala, is the wife of M.G.Lakshmana Doss. He was working as a Assistant Writer in Government Girls Higher Secondary School, Alangayam. On 17.03.1992, the marriage between the plaintiff and M.G.Lakshmana Doss was solemnised, as per the Hindu Rites and Customs. They were not blessed with any children. The said Lakshmana Doss had passed away on 29.04.1999. After the death of the said Lakshmana Doss, the plaintiff alone, completed his final rites.

(ii) Thereafter, the plaintiff submitted an application before the defendants 1 to 3 wherein, she prayed to disburse the terminal benefits of the deceased Lakshmana Doss to her. On 13.06.1999, the first defendant recommends the other defendants to initiate action on the said application. Subsequently, the second defendant directed the plaintiff to produce the legal heir certificate pertains to the deceased Lakshmana Doss. In order to comply with the said direction, the plaintiff submitted an application before the Tahsildar, requesting to issue the legal heirship certificate to the deceased Lakshmana Doss.

(iii) In the meantime, the fourth defendant with the help of other defendants had attempted to receive the terminal benefits of the deceased Lakshmana Doss. The fourth defendant, was not a legal representative of the deceased Lakshmana Doss. Hence, the present suit has been filed for the relief of declaration, declaring that, the plaintiff, is the legally wedded wife of the deceased Lakshmana Doss and for direction, directing the defendants 1 to 3 to pay the terminal benefits of the deceased Lakshmana Doss to the plaintiff.

4. The case of the third defendant, as averred in the written statement, is as follows:

(i) This defendant does not know the alleged marriage had happened between the plaintiff and M.G.Lakshmana Doss, on 17.03.1992. M.G.Lakshmana Doss had joined as an Office Assistant on 25.04.1978 in Government Girls Higher Secondary School, Alangayam. He was promoted as Registered Clerk on 06.08.1979 in the same School.

(ii) During his life time, he had nominated his nominee in the nomination form, as per the Tamil Nadu Pension Rules. In the nomination form, he had nominated his mother Salammal [4th defendant], as his nominee, being the legal heir to get all his benefits under the Tamil nadu Pension Rules. He had also nominated his brother Chandirababu, as his nominee to get the benefits.

(iii) Till his death, the deceased Lakshmana Doss has not changed his nominee in the nomination form and in the service register. Further, he has not disclosed the alleged marriage, and about his wife name in the nomination form, and in the service register. Hence, the fourth defendant Salammal being the nominee of the deceased Lakshmana Doss, is entitled to receive all the terminal benefits. Hence, the suit filed by the plaintiff, is not maintainable.

5. The case of the fourth defendant, as averred in the written statement, is as follows:

(i) It is not correct to say that the deceased M.G.Lakshmana Doss, was an unmarried man and not having any legally wedded wife. It is not correct to say that the said Lakshmana Dos