Advocates:
['M/S RAJA RAVI VARMA M', '', 'PRAVEEN KUMAR P', '', 'D SIVARAMAN', 'ST COUNSEL']

W.P.(MD)No.2972 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED:05.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD)No.2972 of 2022

P.Palaniyammal

... Petitioner

Vs.

1. The Managing Director,

Tamil Nadu State Transport Corporation

(Kumbakonam Division),

No.27, New Railway Station Road,

Kumbakonam,

Thanjavur District.

2. The Regional Manager,

Tamil Nadu State Transport Corporation

(Kumbakonam Division),

Karaikudi Region,

Managiri Road, Maruthupathy,

Karaikudi-630 307.

... Respondents

PRAYER: Writ Petition under Article 226 of the Constitution of

India, to issue a Writ of Mandamus, directing the respondents to

disburse the death benefits of her deceased husband namely

Perumalsamy (ST-16225/95CR3020) and provide family pension to her,

in the light of the judgment and decree passed by Learned District

Munsiff cum Judicial Magistrate No.I, Srivilliputtur in

O.S.No.352/2016 dated 09.09.2020 and subsequent legal heirs

certificate issued by the Tahsildar Watrap Taluk dated 23.11.2021

as well as the petitioners representation dated 24.11.2021 and

remainder representation, dated 12.01.2022 submitted to the

respondents in person and by post within the time limit that may be

stipulated by this Court.

For Petitioner

: Mr.M.Raja Ravi Varma

For Respondents

: Mr.D.Sivaraman

ORDER

The relief sought for in the present writ petition is to

direct the respondents to disburse the death benefits of her

deceased husband namely Perumalsamy.

2.The petitioner states that she is the legal wedded first

wife of the deceased employee Mr.P.Perumalsamy. Therefore, she is

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W.P.(MD)No.2972 of 2022

entitled for all the terminal and pensionary benefits due to her

husband. Further, the petitioner claims family pension also.

3.The learned counsel appearing on behalf of the respondents

objected the said contentions by stating that there is a counter

claim in respect of the pensionary benefits and family pension and

one Tmt.Guganrani set out a claim stating that she is the legally

wedded wife of the deceased employee. Therefore, the respondents

are unable to settle the terminal benefits and grant family

pension.

4.Further, the learned counsel for the respondents states that

in the event of submitting appropriate Succession Certificate or

decree from the competent Court, the respondent will be in a

position to consider the case of the writ petitioner in accordance

with pension scheme and rules in force.

5.The learned counsel appearing for the petitioner drew the

attention of this Court with reference to the judgment and decree

passed by the District Munsiff Court, Srivilliputhur, in O.S.No.352

of 2016. However, the decree passed in the said suit reveals that

no such declaration declaring that the petitioner viz., Palaniammal

is the first legally wedded first wife of the deceased was granted.

In fact, there is no relief as against the plaintiffs is granted.

Contrarily, the relief of declaration was granted in favour of the

plaintiffs 2 to 4, who all are the children born through and out of

the wedlock between the first plaintiff and the deceased employee.

Therefore, based on the declaration, the Tahsildar issued Legal

Heirs Certificate for the purpose of settlement of pensionary and

terminal benefits. The petitioner has to get an appropriate

declaration to establish that she is the legally wedded first wife

of the deceased employee. Therefore, the petitioner is at liberty

to submit appropriate documents to establish that she is the

legally wedded first wife of the deceased employee.

6.In view of the facts and circumstances, the objections

raised by the respondents is in consonance with the provisions of

the pension scheme and rules in force. The petitioner is at liberty

to establish her status as the fir