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W.P.No.8850 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No. 8850 of 2023

&

W.M.P.Nos. 9007 & 9010 of 2023

S.Jancy Lilly Pushpam ...Petitioner

Vs.

1.The Assistant Divisional Engineer,

Office of the Assistant Divisional Engineer (H),

Highways Construction and Maintenance Department,

Kangeyam,

Tirupur.

2.The Divisional Engineer

Office of the Divisional Engineer (H),

Highways Construction and Maintenance Department,

Tirupur.

3.The Accountant General

Office of the Accountant General,

Accounts and Entitlements Tamil Nadu

361, Anna Salai, Teynampet,

Chennai- 600 018. ...Respondents

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W.P.No.8850 of 2023

Prayer: Writ Petition is filed under Section 226 of the Constitution of

India for issue of Writ of Certiorarified Mandamus, calling for the

records pertaining to the proceedings of the 1st respondent in

Ku.No.486/ 2022 / E Ne Vu dated 23.01.2023 and quash the same as

illegal, incompetent and ultra vires and consequently direct the 1st

respondent to pay all the service benefits of her deceased husband to

the petitioner and to pay the pension benefits continuously by

considering the petitioner’s representation dated 06.01.2023

For Petitioners : Ms. S.Thankira

For Respondents : Mr. P.Kumaresan

Additional Advocate General

Assisted by

Mrs. S.Anitha

Special Government Pleader

O R D E R

This writ petition has been filed challenging rejection of the

petitioner’s request for paying the pension and service benefits due to

her deceased husband to the petitioner on the representation dated

06.01.2023. The facts are briefly set out herein below.

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W.P.No.8850 of 2023

2. The petitioner married one Suresh Kumar on 07.02.2005 and

was living with him along with her mother-in-law, Amma Kannu. The

petitioner gave birth to two daughters out of the wedlock on 04.11.2005

and 29.11.2008, respectively. The petitioner’s husband was earlier

married to one Prabha Hari. While the marriage was subsisting, the

petitioner’s husband had contracted marriage with the petitioner herein.

The said Prabha Hari was stated to have deserted the deceased Suresh

Kumar in the year 2003, after which the petitioner had got married to

him.

3. The petitioner’s contention is that, at the time of marriage she

was unaware about the marriage of her husband with the said Prabha

Hari. Thereafter, the said Suresh Kumar had made an application for

divorce under the Indian Divorce Act, in IDOP.NO.11 of 2015 on the

file of the Family Court, Erode and had obtained a decree for

dissolution of marriage on 17.03.2016. The petitioner’s husband

passed away 6 years after the divorce

.

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W.P.No.8850 of 2023

4. After the death of her husband, the petitioner made an

application for grant of terminal benefits which has been rejected by the

impugned order on the ground that her marriage to the deceased

government servant taken place when the first marriage was subsisting.

Challenging the same, the petitioner is before this Court.

5. In a counter affidavit, the respondents have reiterated the very

same fact.

6. Heard the learned counsels on either side and perused the

records.

7. From the narration in the affidavit filed in support of the

petition and the documents, it is seen that the said Suresh Kumar and

the petitioner had a long cohabitation and have begotted two girl

children. It is also evident from a perusal of the Judgement in the

divorce petition, namely, IDOP.No.11 of 2015, that the deceased Suresh

Kumar and his first wife had been living separately since the year 2003.

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W.P.No.8850 of 2023

In her counter to the said IDOP, the said Prabha Hari had clearly

admitted that she has not had any association with the deceased Suresh

Kumar since the year 2003. Her only conte

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