A second wife, proven as legally wedded, is entitled to family pension irrespective of entry in service records when supported by legal heir certificates.

3. Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to provide the family pension to the petitioner with arrears from the date of death of her husband i.e., from 01.08.2023 and other monetary benefits based on her representation dated 31.12.2025.

For Petitioner : M/s.K.Yasar Arafath For Respondents : Mr.K.Ramaiah Standing Counsel for R1 & R2 Mr.K.Ramaiah Standing Counsel for R3 * * * * *

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus directing the respondents herein to provide the family pension to the petitioner with arrears from the date of death of her husband i.e., from 01.08.2023 and other monetary benefits based on her representation dated 31.12.2025.

2. It is the case of the petitioner that her husband late Selvam originally married to one Thanukodi and after her demise on 12.12.1992, the said Selvam married to the petitioner herein and through her, he had begotton two children. It is further case of the petitioner that the said Selvam after being served in the respondent Corporation till 31.03.2020, retired from service on attaining the age of superannuation and passed away on 01.08.2023. Thereafter, the petitioner approached the respondents and made a claim for payment of family pension with arrears. But the said request has not been considered by the respondents. Hence, the petitioner also submitted a representation on 31.12.2025, but no action taken by the respondents till date. Hence, the petitioner approached this Court by filing the present writ petition.

3. The learned Counsel appearing for the petitioner contended that late Selvam married to the petitioner herein after the demise of his first wife and his marriage is legal and permissible under law. He also submitted that after the demise of the said Mr.Selvam, the children of the first wife of the late Selvam and the children of the petitioner herein have obtained a legal heir certificate from the competent authority, wherein the petitioner herein was shown as the widow of the deceased Mr.Selvam and the said legal heir certificate was submitted while making the request for release of family pension along with arrears. Despite the submission of the legal heir certificate from the competent authority, the respondents have not taken any steps for release of family pension to the petitioner.

4. Mr.S.C.Herold singh, the learned Standing Counsel appearing for the third respondent submitted that the deceased, during his lifetime never nominated the petitioner for payment of family pension. On the other hand, the said late Mr.Selvam had addressed a letter to the third respondent intimating about the demise of his first wife in the year 1992 and also the petitioner herein as the second wife. The learned Standing Counsel also submitted that the name of the petitioner herein has not been entered in the Service Register of the deceased employee and the name of the first wife namely, Thanukodi, was entered and therefore, the respondents are not in a position to take steps to process the representation submitted by the petitioner.

5. This Court has considered the submissions made on either side and perused the materials available on records.

6. From the submission made by the learned Standing Counsel appearing for the third respondent, it is evident that the deceased employee during his lifetime informed to the third respondent about the demise of his first wife as early as in