IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
A.C.DHARAMARAJU – Appellant
Versus
THE DIVISIONAL ENGINEER (Highways) – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No.11831 of 2026 A.C.Dharamaraju Rtd. Special Grade Junior Engineer (Highways) C and M, Plot No.23, Door No.3, 2nd Floor, Kavikuil Street, Devi Meenakshi Nagar, Rajajapuram, 3rd Avenue, Tiruvallur Post and District -602 001.
..Petitioner(s)
Vs
1. The Divisional Engineer (Highways), Construction and Maintenance Division, Villupuram Division, Villupuram.
2. The Principal Accountant General of Tamil Nadu Office of Accountant General (A and E)
No.361, Anna Salai, Chennai-600 018.
..Respondent(s)
PRAYER : Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records pertaining to the order of the 1st Respondent dated 26.12.2025 bearing Ku.No.2682/2025/Aa2 and quash the same and directing the Respondents to amend the name in the Pension Pay order proceedings by inserting the name of 2nd Wife name Mrs. Ramadevi instead of 1st Wife name Indirani in the pension book and other relevant documents within a reasonable time.
For Petitioner(s): Ms.G. Devi For Respondent(s): Mr.R.V.Dinesh Raj Kumar, AGP for R1 Mr.A.N.R.Jaya Prathap, Standing Counsel for R2
ORDER
This writ petition is filed for the following relief:
“To call for the records pertaining to the order of the 1st Respondent dated 26.12.2025 bearing Ku.No.2682/2025/Aa2 and quash the same and directing the Respondents to amend the name in the Pension Pay order proceedings by inserting the name of 2nd Wife name Mrs. Ramadevi instead of 1st Wife name Indirani in the pension book and other relevant documents within a reasonable time.”
2. The petitioner would submit that he is a retired Special Grade Junior Engineer from the Highway Department, who superannuated on 30.06.1996. The case of the petitioner is that his first wife, Tmt.Indirani, was duly recorded as a nominee in his pension records. Unfortunately, she passed away on 27.07.2019.
3. The petitioner would submit that after his first wife left for her mother’s house leaving him and children, the petitioner had married one Ramadevi in the year 1983. The petitioner has been suffering from various health issues.
4. The petitioner would submit that his second wife, A.Ramadevi, is the sole person who cares for him and is completely dependent on him for survival. To ensure her financial security, the petitioner submitted representations to the first respondent, seeking to include his second wife, A.Ramadevi, as nominee for his pension benefits.
5. However, the first respondent passed an impugned order dated
26.12.2025 rejecting the request on the ground that the petitioner married his second wife, prior to the demise of his first wife. The petitioner would submit that the impugned order is arbitrary, illegal and contrary to the provisions of the Tamil Nadu Pension Rules, 1978. Therefore, the petitioner is before this Court.
6. Heard the learned counsel on the either side and perused the records.
7. From a perusal of the records, it is seen that though the petitioner had married his second wife before the death of his first wife, the application for including her as a nominee has been made only after the death of his first wife and not when his marriage with his first wife was subsisting. The fact that he has been living with his second wife even during the subsistence of his earlier marriage cannot be a ground for rejecting the request for entering the second wife’s name as a nominee, particularly when the first wife is no more.
8. Therefore, the impugned order cannot be sustained and consequently, the writ petition is allowed. The respondents are directed to include the name of the petitioner’s second wife as nominee in the petitioner’s pension papers by deleting his first wife’s name Indirani, within a period of four weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.
25-03-2026 Index: Ye
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.