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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice G.ARUL MURUGAN, J
M. Santhakumari W/o Late S.D. Nazeer Basha – Appellant
Versus
Additional Commissioner (Revenue Administration), Chennai – Respondent
ORDER
This writ petition is preferred challenging the order of the first respondent dated 05.02.2015 and for a consequential direction to authorise the family pension to the petitioner.
2. The petitioner claims to be a legally wedded wife of Thiru.S.D.Nasheer Basha who was in Government service and got retired as Deputy Collector on 30.09.1992 and died on 13.04.1999. The petitioner claims that the marriage had taken place on 12.02.1981 and later was solemnised in the presence of Registrar of Marriages, Basvanthapuri, Bangalore on 19.03.1981 under the Special Marriage Act, 1954 .
3. It is averred that the first wife of the deceased Government servant was one Kalisan Rahiman and she deserted him and her whereabouts are not known and as the second wife Tmt.Stella @ Sella Bai was suffering from illness, Nazeer Basha had married the petitioner as the third wife. She claims that after his retirement he was paying a sum of Rs.1,500/- per month as maintenance till the date of his death i.e. on 13.04.1999. As she is entitled to family pension under the Tamil Nadu Pension Rules, she had applied to the Tahsildar, Salem for legal heirship certificate and by proceedings dated 28.05.1999, the Tah
A marriage under the Special Marriage Act is void if either party has a living spouse, and proper parties must be included in civil litigation to validate claims.
Family pension payable to legal representative of deceased does not need a Succession Certificate, even if it were a debt belonging to deceased – Family pension is an independent claim and cannot be ....
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
The main legal point established in the judgment is that under Rule 49(7)(a)(i) of the Tamil Nadu Pension Rules, family pension can only be shared between widows if the marriage is valid. Invalid mar....
Denial of family pension cannot be justified without clear evidence of marriage validation, as admissions and supporting documentation must be duly considered.
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
Point of Law : In the absence of any sanction in law, such action by a public authority like APDCL cannot be accepted to be legally valid.
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