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C. V. KARTHIKEYAN
Backiyam @ Ponnamal – Appellant
Versus
Establishment Officer, Defence Service Staff College, Nilgiris – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to make payments of family pension to the petitioner, payable from 05.01.2014.)
1.This Writ Petition has been filed in the nature of Mandamus, seeking a direction to the 1st respondent / Establishment Officer to make payments of family pension to the petitioner herein, in view of her status as widow of late C. Doraiswamy, who was employed at Defence Service Staff College, Wellington, Nilgiris, Tamil Nadu and who died after superannuation on 05.01.2014 at Gurkha Camp at Wellington.
2. The said C. Doraiswamy appears to be a person with extreme views on his personal life. There are documents which reflect that the petitioner is his wife. This includes the Family Card / Ration Card which has been produced as documents and also the Adhaar Card of the petitioner herein. There is also a communication issued by the respondents themselves on 08.05.2015, wherein they have recognized the petitioner as the widow of late C. Doraiswamy and stated as follows:
“ PENSION AND OTHER BENEFITS
1. Reference your application da
Pensionary benefits cannot be subject to testamentary disposition.
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
The conscious actions and representations of the deceased employee regarding the family pension benefit influenced the court's decision on the petitioner's entitlement to family pension.
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
The court affirmed that a legally wedded spouse has a vested right to family pension, which cannot be denied contrary to a binding legal award.
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