1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.1719 of 2011 and M.P.(MD)No.1 of 2011 Shiyamaladevi : Petitioner Vs. 1.The Commissioner -cum- Director, Animal Husbandry Medical Works, Central Office Building, Block No.II, Teynampet, Chennai-6. 2.The Assistant Director, Animal Husbandry Department, Pudukkottai. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the retirement benefits of the petitioner's husband E.Govindan who was working as Inspector, Animal Husbandry Department pursuant to the proceedings in O.Mu.No.62631/GG2/10, dated 02.09.2010 on the file of the first respondent herein. For Petitioner : Mr.V.Illanchezian For Respondents : Mr.N.Elango Government Advocate O R D E R Heard Mr.V.Illanchezian, learned counsel appearing for the petitioner and Mr.N.Elango, learned Government Advocate appearing for the respondents. 2. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents to pay her retirement benefits, consequent on the death of her husband one E.Govindan, who was working as Inspector, Animal Husbandry Department. 3. The case of the petitioner is that she has married one Govindan on 19.11.1972, who was working in the Animal Husbandry Department. Out of their wedlock, four female child were born to them. The petitioner was nominated as a nominee in the service register of her husband. Her husband has filed a petition for dissolution of the marriage in O.P.No.104 of 1998 before the Sub Court, Thanjavur and the same was dismissed. Thereafter, he filed an appeal before the District Court, Thanjavur in Appeal No.15 of 1991 and the District Court also dismissed the appeal. On 22.08.2004 her husband Govindan died. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The petitioner, thereafter, sent a representation seeking retirement benefits of her husband to the second respondent. However, the second respondent directed her to go before the civil Court for a declaration that she is the legally wedded wife of the deceased Govindan. She filed a suit in O.S.No.128 of 2005 on the file of the learned District Munsif, Pudukkottai for declaration that she is the legally wedded wife of the deceased Govindan. After trial, the suit was decreed on 30.06.2010. 5. Thereafter, the petitioner gave a representation to the first respondent enclosing the judgment and decree of the learned District Munsif, Pudukkottai. On receiving the representation, the first respondent, by his proceedings dated 02.09.2010, directed the second respondent to pay the retirement benefits due to her. However, the second respondent has not disbursed the retirement benefits and hence, the petitioner was constrained to approach this Court by filing the present Writ Petition for the reliefs stated earlier. 6. The facts narrated above would disclose that the petitioner has obtained a valid decree from the civil Court declaring herself as the widow of the deceased Govindan. In such circumstances, the retirement benefits has to be disbursed to her. The second respondent is directed to verify whether any appeal has been preferred against the said judgment and decree and if no appeal is prepared, the respondents are directed to consider the claim of the petitioner and take suitable action for disbursing the retirement benefits. The said exercise has to be carried out by the respondents, within a period of six weeks from the date of receipt of a copy of this order. 7. The Writ Petition stands disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Commissioner -cum- Director, Animal Husbandry Medical Works, Central Office Building, Block No.II, Teynampet, Chennai-6. 2.The Assistant Director, Animal Husbandry Department, Pudukkottai. +1 CC to Mr.V.Illanchezian, Advocate (SR.No.6384) Order made in W.P.(MD).No.1719 of 2011 Dated:- 14.03.2011 SML NSV/16.3.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/