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ABDUL QUDDHOSE
P. Samathanam – Appellant
Versus
Superintendent of Police – 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 in pursuant to the first respondent proceedings in Na.Ka.No.H1/52676/2014 dated 17.10.2016 and quash the same as devoid of merits and direct the first respondent to pay the petitioner's husband deceased police constable Ponnaiah (PC.1615)'s terminal benefits and family pension to this petition within the period stipulated by this Court.
This Writ Petition has been filed challenging the order of the first respondent rejecting the representation of the petitioner seeking for terminal benefits and family pension in respect of her late husband Ponnaiah, who was a Police Constable.
2. Learned Special Government Pleader appearing for the respondents would submit that Ponnaiah, the husband of the petitioner was dismissed from service on 22.06.1963. The petitioner's husband died on 08.09.2003. She would further submit that during the life time of Ponnaiah, no claim was made by him seeking for pension.
3. However, as seen from the affidavit filed in support of this writ petition, the petitioner claiming to be the wife of the deceased Ponniah
A claim for terminal benefits and family pension cannot be established if the deceased did not make a claim during his lifetime and if the application is filed significantly after the relevant events....
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.
Entitlement to family pension under the Tamil Nadu Pension Rules 1978.
A writ petition abates upon the death of the petitioner if legal heirs are not substituted, reflecting the importance of procedural compliance in legal proceedings.
Disputes over family pension nominee status must be adjudicated in civil court, not through writ petitions.
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