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ABDUL QUDDHOSE
Thenmozhi – Appellant
Versus
Accountant General (A & E) – Respondent
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent vide No.P24/4/12415514/ADK dated 02.08.2017, quash the same and further direct the respondents to sanction the family pension and other benefits to the petitioner for the death of her husband namely R.Muthusamy (PPO No.T/87043) on 01.04.2017, thereby recognizing her as the wife.
This Writ Petition has been filed by the second wife of late R.Muthusamy, who was working in the fourth respondent school at the time of his retirement. Under the impugned order, the first respondent had rejected the petitioner's request for family pension and other benefits on account of the death of her husband namely R.Muthusamy on 01.04.2017, on the ground that since she being a second wife is not eligible to receive family pension but however, her son ie., Kamaraj, aged 24 years is eligible for family pension and he may apply for family pension up to his attaining the age of 25 years with documentary proof.
2. Learned Counsel fairly submits in view of the settled law that the petitioner being
A second wife is not entitled to family pension benefits if the first wife is alive, but the son of the second wife is eligible for family pension until the age of 25.
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.
Family pension is payable only to the legally wedded spouse of an employee, and second marriage during the lifetime of the first spouse makes the petitioner ineligible for family pension under the pe....
The main legal point established in the judgment is that under the Tamil Nadu Pension Rules and relevant government orders, a petitioner may not be eligible for further family pension if they are alr....
Eligibility for family pension includes second wives if marriages are registered and valid under law.
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
The legal principle established is that government authorities are obligated to process pension claims in a timely manner, ensuring that eligible applicants receive their entitled benefits without un....
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
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