JUDGMENT

(Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay the petitioner the remaining terminal benefits such as provident fund, Special Provident Fund, earned leave encashment, Family Benefit Fund, Pay Commissioner arrears and other benefits which are due to his wife within a time limit fixed by this Court on his undertaking that all these amounts including Gratuity and pension will be deposited in a nationalised Bank in the name of his son Karthik Raja which he can withdraw on his attaining 25 years of age and on the petitioner further undertaking that he will relinquish all his claims for any part of the said amounts.)

1. The writ petition has been filed praying for a writ of mandamus to direct the respondents to pay the petitioner the remaining terminal benefits such as Provident Fund, Special Provident Fund, earned leave encashment, Family Benefit Fund, Pay Commission arrears and other benefits due to his wife within a time limit fixed by this Court on his undertaking that all these amounts including Gratuity and pension will be deposited in a nationalised Bank in the name of his son Karthik Raja which he can withdraw on attaining 25 years of age and the petitioner further undertakes that he will relinquish all his claims with regard to the said amounts.

2. The petitioner is the husband of the deceased employee Mrs.P.Savithri. The petitioner got married to P.Savithri on 01.07.1993. Their son viz., Karthik Raja was born out of the wedlock on 14.10.1994 and is represented in this writ petition by one Mrs.Soundammal, i.e., his grandmother. The petitioner admittedly parted ways with his wife P.Savithri, who started living with the 4th Respondent. A H.M.O.P.No.434 of 1998 seeking dissolution of marriage was filed by the deceased P.Savithri before the Family Court, Coimbatore, which was dismissed for default on 03.11.2000. P.Savithri died on 31.12.2002.

3. The 4th Respondent, i.e., grandmother of Karthik Raja filed G.W.O.P.No.64 of 2003 before the Family Court, Coimbatore for appointing her as guardian of the then minor Karthik Raja. On 27.02.2004, the G.W.O.P. was allowed and the 4th Respondent was appointed as the guardian, which was carried by way of an appeal before this Court in C.M.A.(NPD).No.2270 of 2004, wherein the following order was made on 12.08.2004:

"4. It is seen from the order of the Court below that a finding is rendered to the effect that the appellant has not chosen even to visit the child for more than five years from the date of his birth. The documents marked on behalf of the appellant before the Court below are of the documents pertaining to the disputes between the appellant and his wife and none of the said document would establish that the appellant has made any attempt either to visit the child or expressing to give education or to look after the child, whereas Ex.P-1 and P-2 would disclose that the respondent herein has admitted the minor child in the school. Ex.P-3 also discloses that the school fees of the minor child was paid by the respondent herein. Ex.P-4 is the ration card which discloses that the minor child is living with the respondent herein.

5. In the light of the above material evidence and other pleadings on record, the Court below has correctly held that the interest of the minor will be protected only if the respondent herein is appointed as a guardian. Therefore, we do not see any ground to interfere with the order of the Court below."

4.There were other terminal benefits which was yet to be paid such as Provident Fund, Special Provident Fund etc., The petitioner filed a writ petition in W.P.No.10042 of 2008 praying for a direction to the respondents to sanction and pay the family pension to the petitioner. The above writ petition came to be disposed of on 23.04.2008 with a direction to the 1st Respondent to dispose of the representation on merits within a period