COMMON ORDER

The writ petition in WP.No.30037 of 20213 has been filed for direction to forbear respondents 1 to 6 from disbursing the death benefits and monetary benefits of the the petitioner's late husband to respondents 7 and 8. The writ petition in WP.No.33830 of 2023 has been filed for direction to respondents 1 to 4 to disburse 2/3 of death cum pensionary benefits due to their son.

2. One, Ravi, who is the husband of the petitioner in WP.No.30037 of 2023 is the son of the petitioners in WP.No.33830 of 2023. The petitioner in WP.No.30037 of 2023 hereinafter called as wife and the petitioners in WP.No.33830 of 2023 hereinafter called as parents. While he was serving as Chief Medical Officer, Government Kamaraj Hospital, Chidambaram died on 22.10.2022. Initially, he got married one, M.Geetha and divorced her on 06.03.2006 by the judgment and decree dated 06.03.2006 in HMOP.No.61 of 2005 on the file of the Sub Court, Chidambaram by way of mutual consent. Thereafter, he got married the petitioner in WP.No.30037 of 2023 on 11.04.2010. While he was alive, along with his wife, he had jointly purchased properties by availing housing loan from HDFC Bank. Even after his demise, the wife is paying dues for the said loan. After his demise, the wife and the parents were issued legal heir certificate. The parents submitted representation to disburse the retirement benefits in their favour. In fact, while he was alive, the wife's name was nominated as nominee in the service register for receiving all his service benefits.

3. On perusal of counter filed by the fourth respondent, revealed that the wife submitted application claiming death cum retirement benefits before the third respondent and the same was forwarded to the fourth respondent. However, the wife failed to submit attested invitation of marriage between the wife and the deceased husband. Therefore, proposal was returned to submit any original proof for their marriage by the communication dated 10.10.2023. While pending the claim in respect of GPF, by the proceedings dated 26.09.2023, thereby authorised in equal shares in favour of the wife and the parents as per the legalheirship certificate in accordance with the rule provisions under the General Provident Fund (Tamilnadu) Rules. However, it was kept in abeyance in view of the interim order passed by this Court in WMP.No.29668 of 2023 in WP.No.30037 of 2023 dated 16.10.2023. The Rule provisions governing the grant of family pension and DCRG under Tamilnadu Pension Rules and General Provident Fund (Tamilnadu) Rules are extracted hereunder:

i) Family Pension:

As per Rule 49 (7) of the TNPR, family pension in respect of a deceased Government Servant is payable to the spouse.

As per the provisions of Rule 49 (13) (b) of the TNPR, family in relation to a Government Servant means, inter alia, father and mother in the case of unmarried Government Servants. As per para 2 of G.O. Ms. No. 327 Finance (Pension) Department dated 30.08.2001, family pension shall be sanctioned to the parents of a deceased Government Servant, subject to the following conditions:

a) The parents were wholly dependent on the Government Servant when he/she was alive.

b) The Government Servant has not left behind a widow / widower, eligible son or daughter or a widowed / divorced daughter.

c) The income criteria in respect of the parents will be Rs.2550/- per month (enhanced subsequently in G.O. 337 Finance (Pay Cell) Department dated

14.11.2017).

ii) Death Cum Retirement Gratuity (DCRG)

As per the provisions of Rule 46(1)(a) of TNPR, DCRG payable in respect of a deceased Government Servant shall be paid to the persons or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 48.

Further as per Rule 48 (7) (c) of TNPR, the nomination filed by a Government Servant for DCRG should be countersigned by the Head of Office, in the case of a Self Drawing Government Servant or his subordinate (who should be a Self Drawing Officer) autho