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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, R.SAKTHIVEL, JJ
R.Banumathi – Appellant
Versus
The Chief Educational Officer, Vellore District, Vellore Collectorate Office, Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. writ petition for pension benefits of deceased employee. (Para 1 , 2) |
| 2. arguments regarding entitlement to pension and benefits. (Para 5 , 6) |
| 3. court's analysis of cps and nomination rights. (Para 8 , 10) |
| 4. substantive rights of nominee versus estate of deceased. (Para 31 , 35) |
| 5. final order on distribution of compensation and benefits. (Para 48 , 49) |
JUDGMENT
R.SAKTHIVEL, J.
The appellant filed the writ petition in W.P. No.12565 of 2021 on April 26, 2021, praying this Court to issue a writ of mandamus directing the respondents to issue a separate and individual cheque / demand draft for her 1/3 share in Contributory Pension Scheme (CPS), Employees Family Security Fund and other service benefits of her son - late S.Vijayakumar, who had joined the service on December 9, 2005 and was working as a Secondary Grade Teacher in Panchayat Union Elementary School [P.U.E. School], Chitteri before his demise on January 30, 2021.
2. Upon hearing either side, the learned Single Judge of this Court dismissed the writ petition vide Order dated June 10, 2021. The main reasons for the dismissal are captured in Paragraph Nos.3 and 5 of the said Order and they read thus:
"3. Under the
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