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2012 DIGILAW 91 (MAD)

P. Sivabagyam v. The Superintendent of Police, Coimbatore Rural District

2012-01-05

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court with the prayer for issuance of writ in the nature of mandamus, directing the respondents 1 and 2 to release 50% of the retirement benefits of P.Sampath, who was serving as Police Constable. 2. The petitioner being the mother of the deceased M.Sampath, being Class I heir is entitled to 50% of the retirement benefits along with the third respondent, i.e. widow of the deceased Sampath, as the deceased M.Sampath has no child. 3. The stand of the third respondent is that late P.Sampath had nominated his wife as nominee in the service record, therefore, the amount was paid to the nominee, the third respondent herein. Therefore, the respondents have discharge their liability. 4. Once it is not disputed that the wife was the nominee as per the service record. The first respondent was fully justified in releasing the retirement benefits to the third respondent. 5. The remedy of the petitioner therefore is to approach the civil Court to claim share in the retirement benefits from respondent No.3. 6. The writ petition being not competent is dismissed. Interim injunction granted by the Tamil Nadu Administrative Tribunal on 22.12.1999 is vacated. No costs.