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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, A.D.MARIA CLETE
A.Philominal, W/o. Late A. Padmanabhan – Appellant
Versus
Chairman, The Tamil Nadu Electricity Board – Respondent
| Table of Content |
|---|
| 1. claim for family pension post-death of husband. (Para 1 , 2) |
| 2. prior civil suit does not adjudicate pension claim. (Para 3) |
| 3. marriage validity affects pension eligibility. (Para 4 , 5) |
| 4. delay in claim affects entitlement. (Para 6) |
| 5. clarity on claims arising from death. (Para 7 , 8) |
| 6. second wife not entitled to family pension. (Para 9 , 10) |
| 7. different basis in representation vs petition. (Para 11 , 13) |
| 8. public policy against multiple claims for pension. (Para 12 , 14) |
JUDGMENT :
A.D. Maria Clete, J.
The present Writ Appeal arises out of W.P.No.7001 of 2014 filed by the appellant. In October 2009, the appellant, for the first time, sent a letter seeking family pension on account of the death of her alleged husband Late A.Padmanabhan, who was employed as a Foreman in the Tamil Nadu Electricity Board (now TANGEDCO) under the Kanyakumari Distribution Circle.
2.In her letter dated 15.02.2010, the appellant stated that she was the second wife of Late A.Padmanabhan, who had retired from service as Foreman First Grade on 30.09.1988 and passed away five years later, on 07.09.1993. She further mentioned that Tmt.Rajammal was the first wife of the said A.Padmanabhan, who h
Second wives are not entitled to family pensions if the first wife is alive, reaffirming that claims must be timely and based on legal marriages.
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....
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.
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.
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.
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.
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 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.
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....
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