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2022 Supreme(Online)(MAD) 1275

HIGH COURT OF MADRAS
Hon`ble Mr.Justice S.M.SUBRAMANIAM
MUTHUMADASAMY .M – Appellant
Versus
THE ACCOUNTANT GENERAL – Respondent


ORDER

The order dated 22.12.2021 issued by the Accountant General of Tamil Nadu rejecting the request of the petitioner to include the name of his second wife as nominee in the service records is under challenge in the present writ petition.

2.The impugned order states that the writ petitioner, M.Muthumadaswamy has married Smt.M.Kavitha, when his wife is alive. Thus, Smt.M.Kavitha cannot be incorporated as family pension beneficiary, as per the Tamil Nadu Pension Rules, 1978 (in short 'Pension Rules').

3.The facts in nutshell are that the petitioner served as Assistant and Junior Assistant and retired from service on 31.08.2013 and now receiving pension. The petitioner married one Smt.Tamil Selvi in the year 1985 and she was diagnosed of suffering from Blood Cancer and she requested the petitioner to marry her younger sister Kavitha, as they had two children born out of wedlock. Accordingly, the petitioner married Smt.M.Kavitha on 29.05.1994, subsequently the first wife of the writ petitioner died on 18.09.1996.

4.The petitioner was making a request to include the name of the second wife, Smt.M.Kavitha as nominee in the service records for the purpose of family pension. The said reque

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