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2024 DIGILAW 2034 (MAD)

Thenmozhi v. Accountant General (A & E)

2024-08-21

ABDUL QUDDHOSE

body2024
ORDER : PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent vide No.P24/4/12415514/ADK dated 02.08.2017, quash the same and further direct the respondents to sanction the family pension and other benefits to the petitioner for the death of her husband namely R.Muthusamy (PPO No.T/87043) on 01.04.2017, thereby recognizing her as the wife. This Writ Petition has been filed by the second wife of late R.Muthusamy, who was working in the fourth respondent school at the time of his retirement. Under the impugned order, the first respondent had rejected the petitioner's request for family pension and other benefits on account of the death of her husband namely R.Muthusamy on 01.04.2017, on the ground that since she being a second wife is not eligible to receive family pension but however, her son ie., Kamaraj, aged 24 years is eligible for family pension and he may apply for family pension up to his attaining the age of 25 years with documentary proof. 2. Learned Counsel fairly submits in view of the settled law that the petitioner being a second wife is not eligible to receive family pension, when the first wife is alive. Therefore, it is clear that the impugned order passed by the first respondent is correct. However, learned Counsel for the petitioner would submit that since the petitioner's son Kamaraj is eligible for family pension up to the age of 25 years and a direction may be issued to the respondents to pay the same to him. 3. Under the impugned order passed by the first respondent, it has been made clear that the petitioner's son Kamaraj is eligible for family pension. However, he will have to apply for family pension up to his attaining the age of 25 years, by providing documentary evidence namely his age proof and income certificate obtained from the revenue department. 4. 3. Under the impugned order passed by the first respondent, it has been made clear that the petitioner's son Kamaraj is eligible for family pension. However, he will have to apply for family pension up to his attaining the age of 25 years, by providing documentary evidence namely his age proof and income certificate obtained from the revenue department. 4. Therefore, this Writ Petition is disposed of, by confirming the impugned order passed by the first respondent but however, permitting the son of the petitioner namely Kamaraj to submit an appropriate application before the concerned Block Education Officer requesting for payment of his arrears of family pension payable up to the age of 25 years with supporting documentary evidence as sought for in the impugned order, within a period of two [2] weeks from the date of receipt of a copy of this order. On receipt of the same, the concerned Block Education Office shall pass appropriate orders for payment of the arrears of family pension payable to the petitioner's son namely one Kamaraj, as per the impugned order within a period of four [4] weeks thereafter. 5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.