S. P. Jothi v. Accountant General, Accounts and Entitlements, Anna Salai, Teynampet, Chennai
2017-04-18
S.S.SUNDAR
body2017
DigiLaw.ai
ORDER : The Writ Petition has been filed directing the respondents to grant the benefit of family pension granted in G.O.Ms.No.325, Finance (Pension) Department, dated 28.11.2011, and G.O.Ms.No.29, Finance (Pension) Department, dated 31.03.2013, to the petitioner by considering her representations, dated 02.12.2016 and 29.12.2016. 2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the 1st respondent and the learned Special Government Pleader appearing for the 2nd respondent. 3. The short facts that are necessary for the disposal of the writ petition are as follows: 3.1. The petitioner herself is a senior citizen aged more than 68 years. The petitioner's father one S. Ponnusamy was a government servant and attained superannuation on 29.05.1951. At the time of retirement, the petitioner's father was working as a Police Constable under the control of the second respondent. 3.2. The petitioner's father died leaving behind the petitioner's mother, namely, P. Nagammal and the petitioner and her elder sister. Till the death of the petitioner's mother, she was getting family pension of the petitioner's father. After the death of petitioner's mother, the petitioner's elder sister, namely, Vasiammal, is entitled to family pension. The said Vasiammal, the petitioner's elder sister is a widow. However, the first husband of Vasiammal died and she married for the second time. In view of the second marriage of the elder daughter of the petitioner's father, she is not eligible to get family pension. In the above circumstances, the petitioner claims family pension. 3.3. Along with the application submitted by the petitioner before the respondents, the petitioner also filed the sworn affidavit of Vasiammal, the petitioner's elder sister, stating that she is not eligible for getting the family pension as she had re-married after the death of her first husband. She had also expressed “No Objection” for paying the family pension to the petitioner in unmistakable terms. Despite the consent of the elder sister of the petitioner for giving family pension to the petitioner, the respondents have not paid family pension to the petitioner. Hence, this Writ Petition has been filed. 4. The learned counsel appearing for the petitioner relies upon G.O.Ms.No.29, dated 31.01.2013, and pointed out that the petitioner is entitled to family pension in view of the fact that the elder sister had married for the second time.
Hence, this Writ Petition has been filed. 4. The learned counsel appearing for the petitioner relies upon G.O.Ms.No.29, dated 31.01.2013, and pointed out that the petitioner is entitled to family pension in view of the fact that the elder sister had married for the second time. By G.O.Ms.No.29, dated 31.01.2013, the family pension is payable to the unmarried or widowed daughters of deceased employees even after the age of 25 years. The eligibility of such persons are stated in the said G.O. Which reads as following:- (i) xxx (ii) xxx (iii) xxx (iv) xxx 5. The learned counsel for the respondent submitted that the petitioner has admitted in her representation that the second husband of the petitioner's elder sister also died on 16.05.2005. It is on the basis of the said admission by the petitioner herself in one of her representation to the respondents, the learned counsel for the respondents submitted that it is only the elder sister of the petitioner, who is eligible to get family pension as she is also a widow and that there is no provision in G.O.Ms.No.29 dated 31.01.2013 to pay family pension to the younger daughter of the deceased Government servant if the widow, the elder sister is alive. 6. Having regard to the submission of the learned counsel for the respondents, this court has to find out what is the real principle and object of G.O.Ms.No.29 dated 31.01.2013, as found in para I to IV of the said G.O. It is true that the younger daughter of the deceased Government servant is not eligible to get family pension, when the elder daughter of the deceased Government Servant is still alive and she is either unmarried or widow, however, when the elder daughter had remarried, there is no impediment for the younger daughter of the deceased to get family pension. Upon death of her 2nd husband, there is no provision to disqualify the 2nd daughter. 7. In the present case, the fact that the elder sister of petitioner had married for second time is not in dispute. However it is contented by the respondents that the second husband of elder daughter of deceased employee also died and hence, as a widow, it is only the elder daughter is entitled to get family pension. The G.O has been properly understood in this case by the elder sister of the petitioner.
However it is contented by the respondents that the second husband of elder daughter of deceased employee also died and hence, as a widow, it is only the elder daughter is entitled to get family pension. The G.O has been properly understood in this case by the elder sister of the petitioner. In her sworn affidavit, the elder sister has relinquished her right to get family pension and expressed that “No Objection” for the petitioner to get family pension on the ground that she has married one Rajan as her second husband. The question, as to whether she is entitled to get family pension after the death of her second husband has not been answered and clarified in G.O.Ms.No.29 dated 31.01.2013. 8. However, the fact that the elder sister of the Petitioner had re-married and that by this fact the petitioner is entitled to get family pension as per G.O.Ms.No.29 dated 31.01.2013 cannot be disputed. The petitioner is entitled to get the benefit of G.O on happening of that event and she is eligible to get family pension, the said right cannot be taken away by any subsequent event which was not contemplated in the G.O. In that view, G.O.Ms.No.29 dated 31.01.2013 has to be interpreted in such away that as and when the elder sister of the petitioner remarried, she looses the right to get family pension in terms of G.O.Ms.No.29 dated 31.01.2013. When the petitioner, namely, the younger daughter of the deceased is eligible after the disqualification of her elder sister upon her re-marriage, the same cannot be denied to the petitioner after death of the second husband of her elder sister. Hence, on the interpretation of the G.O.Ms.No.29 dated 31.01.2013 this court is inclined to hold that the petitioner is entitled to family pension. More than this, the petitioner's elder sister has only expressed her consent and “No Objections” for disbursing the family pension to the petitioner. In such circumstances, it is also inequitable the relief to the petitioner. 9. For all the above reasons, the writ petition is allowed. The respondents are directed to disburse the family pension to the petitioner. The second respondent is directed to submit the proposal to the first respondent within a period of two weeks from the date of receipt of a copy of this order.
9. For all the above reasons, the writ petition is allowed. The respondents are directed to disburse the family pension to the petitioner. The second respondent is directed to submit the proposal to the first respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the proposal from the second respondent, the first respondent is directed to issue authorisation for payment of family pension to the petitioner within a period of four weeks thereafter. No costs.