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2012 DIGILAW 1958 (MAD)

A. Elizabeth v. Treasury Officer, Thiruvallur District

2012-04-18

VINOD K.SHARMA

body2012
Judgment :- 1. The husband of petitioner Mr.C.Kannian, who was working as Secondary Grade Teacher at the Panchayat Union Elementary School, Chinnamandari, Tiruvallur District, retired from service on 30.09.1996. 2. The Pension Payment Order (PPO) No.A903489, Education, was issued, in which petitioner was recorded as wife of the pensioner. The husband of petitioner had also nominated the petitioner as his wife in the Government record, as she had married Mr.C.Kannian, after the death of his first wife. 3. In the legal heir certificate, issued by the Tahsildar, in which the petitioner and daughter of the deceased Mr.C.Kannian, born through his first wife, are shown as only legal heirs. The daughter of C.Kannian is married, thus, was not dependent on him. 4. The petitioner lost the Pension Payment Order for which a complaint was also lodged. The respondents refused to grant pension, to the petitioner, on the ground, that a legal notice was issued by respondent no.3, claiming herself to be the wife of C.Kannian. 5. The action of the respondents, in refusing to release retiral benefits to petitioner, cannot be accepted. Once the petitioner was nominated as nominee, by the deceased employee, by showing her as his wife, the respondents are bound to accept the nomination, and release pensionary benefit to the petitioner. 6. The dispute inter se with regard to legal heirship can be decided, in the Civil Court. The respondents on the basis of legal notice cannot withhold pensionary dues payable to the wife, specially when petitioner is nominated as a nominee and also recorded as wife of the deceased employee. 7. No loss is also likely to be caused to the respondents in releasing pensionary benefit to petitioner, in view of the settled law, that the liability of an employer is discharged, on payment of the amount to the nominee, as the legal heirs if have any claim, have to proceed against the nominee. However, in this case, this may not arise, as the petitioner is shown as wife of the deceased employee in the Government record also. 8. For the reasons stated herein-above, this writ is allowed and a writ in the nature of Certiorari is issued, quashing the impugned order, with consequential direction to the respondents to release the pensionary benefits to petitioner, within two months of the receipt of the certified copy of this order. No costs.