1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/6/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD) No.6358 of 2011 P.Pushpamani ... Petitioner Vs 1. The Principal Accountant General Pension Verification Section D.No.261 Anna Salai Chennai 600 018. 2. The District Collector Tirunelveli District. 3. The District Elementary Educational Officer Tirunelveli. 4. The Assistant Elementary Educational Officer Kuruvikulam Tirunelveli District 627 754... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents to sanction and disburse all the service benefits including the family pension on account of the petitioner's deceased son Sureshkumar Paramanantham as per Section 72 (3) (a) of Tamil Nadu Pension Rules, 1978 within a specified period of time with retrospective effect and initiate an enquiry with respect to the earlier defaults as per the representation dated 26/3/2011. For Petitioner : M/s.A.Rajini For Respondents: Mr.T.S.Mohammed Mohideen, Additional Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and Mr.T.S.Mohammed Mohideen, Additional Government Pleader for the respondents. 2. By consent, the main writ petition itself is taken up for final disposal. 3. The petitioner, originally filed the writ petition for a mandamus praying to direct the respondents to sanction and disburse all the service benefits including the family pension on account of the petitioner's deceased son Sureshkumar Paramanantham, as per Section 72 (3) (a) of Tamil Nadu Pension Rules, 1978 with https://hcservices.ecourts.gov.in/hcservices/ 2 retrospective effect and initiate an enquiry with respect to the earlier defaults as per the representation dated 26/3/2011. 4. The case of the petitioner is that she is the nominee of her son viz., Sureshkumar Paramanantham, who died due to heart ailment while in service as Secondary Grade Teacher in Panchayat Union Primary School, Andipatti, Tirunelveli District. Earlier also, she has approached this Court by filing a writ petition in W.P.No.14733 of 2010 seeking for a direction to the respondents to sanction and disburse the death benefits including the family pension. This Court by an order dated 24/1/2011 directed the petitioner to produce all the relevant documents to enable the respondents to sanction the family pension. Alleging that though the petitioner has produced all the relevant certificates, the respondents are postponing the payment of family pension to her, the petitioner has approached this Court by way of filing the present writ petition. 5. On notice, the learned Additional Government Pleader submitted that the petitioner has not produced No Objection Certificate from her husband for getting the family pension. Hence according to the learned Additional Government Pleader, the family pension could not be settled to the petitioner. 6. While considering the said submission made by the learned Additional Government Pleader, I am of the considered view that the petitioner being the mother of the deceased is entitled for the benefits. She need not beg before her husband to furnish No Objection Certificate. Even if her husband doesn't furnish No Objection Certificate to her, in law, the respondents are bound to settle the claim to her as she being the Class – I heir. It is not even the case of the respondents that the petitioner's husband made a claim and that he has filed a Civil Suit claiming the benefits accrued due to his son's death. 7. In view of the above stated position, I direct the respondents to settle the entire claim to her without insisting her to produce No Objection Certificate from her husband and the said exercise has to be carried out within a period of two months from the date of receipt of a copy of this order. 8. This writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To 1. The Principal Accountant General, Pension Verification Section, D.No.261 Anna Salai, Chennai 600 018. https://hcservices.ecourts.gov.in/hcservices/ 3 2. The District Collector, Tirunelveli District. 3. The District Elementary Educational Officer, Tirunelveli. 4. The Assistant Elementary Educational Officer, Kuruvikulam, Tirunelveli District 627 754. +1CC TO MR.A.RAJINI, ADVOCATE SR.20896 +1CC TO MR.SPECIAL GOVERNMENT PLEADER, SR.21150 mvs SR : 21.07.2011 : 3p/7c W.P.(MD)No.6358 of 2011 30/6/2011 https://hcservices.ecourts.gov.in/hcservices/