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2012 DIGILAW 3395 (MAD)

Agnes Mary v. Chairman-Cum-Managing Director Indian Overseas Bank, Anna Salai, Chennai

2012-08-01

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner in W.P.No.11641 of 2011 has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order dated 01.04.2011 of the Indian Overseas Bank, rejecting the request of petitioner for release of pensionary benefits. The reason for issuance of impugned order is, that Mrs.J.Victoria Rani / petitioner in W.P.No.12314 of 2011, is claiming to be the wife of deceased E.Joseph Raj. 2. The facts are not in dispute, that E.Joseph Raj was employed with the Indian Overseas Bank and while in service died on 23.11.2010. The petitioner in W.P.No.11641 of 2011 submits that E.Joseph Raj died as bachelor. Whereas respondent no.5 / petitioner in W.P.No.12314 of 2011 claims herself to be wife of the deceased employee. 3. It is the submission of petitioner that the legal certificate issued in favour of Mrs.Victoria Rani, showing her to be the wife of late E.Joseph Raj was found to be forged on enquiry by Collector. 4. It is not for this Court to go into this question, as the dispute regarding relationship is required to be proved in civil Court by leading evidence as provided under the Evidence Act. 5. It is not disputed by learned counsel appearing on behalf of the Indian Overseas Bank, that the petitioner in W.P.No.11641 of 2011, is the registered nominee with the Bank, therefore, in view of settled law, that the Bank will stand discharged of its liability on releasing the retiral-cum-death benefits to the nominee, who holds it on behalf of all the legal heirs. It will be for the legal heirs to prove their right in the Civil Court. 6. In view of the settled position of law, W.P.No.11641 of 2011 is disposed of directing the Bank to release the retiral cum death benefits to Mrs.Agnes Mary, though after notice to other claimants, pointing out the decision of the Bank to pay retiral benefits of deceased employee to the nominee as per law, with liberty to the aggrieved party to work out their ordinary civil remedy in accordance with law. 7. The W.P.No.12314 of 2011 has been filed by Tmt.J.Victoria Rani, claiming herself to be wife of the deceased E.Joseph Raj. The factum of marriage is disputed by respondent no.4. 7. The W.P.No.12314 of 2011 has been filed by Tmt.J.Victoria Rani, claiming herself to be wife of the deceased E.Joseph Raj. The factum of marriage is disputed by respondent no.4. This Court cannot go into the disputed question of facts, as it will be open to her to prove the relationship with the deceased in accordance with law, by moving Civil Court. 8. In view of the orders passed by this Court in W.P.No.11641 of 2011. It will be open to petitioner to take appropriate proceedings in accordance with law before the competent Civil Court to claim her share in the retiral benefit, by claiming herself to be the legal heir, if so permissible in accordance with law. 9. Consequently, W.P.No.12314 of 2011 is dismissed, as it raises disputed question of facts. 10. No costs. Connected all miscellaneous petitions are closed.