IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2011 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.3517 of 2007 (O.A.No.8776 of 2000) 1 SMT.V.RATHINA [ PETITIONER ] Vs 1 THE ACCOUNTS OFFICER O/O.THE PRINCIPAL ACCOUNTANT GENERAL (ACCOUNTS AND ENTITLEMENTS) TAMILNADU, CHENNAI 18. 2 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER K.V. KUPPAM 632 201, VELLORE DISTRICT. 3 MRS.VIOLET 4 MRS.KUMUTHA [ RESPONDENTS ] Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari to call for the records No.Pension 16/III/J-70-920/99- 2000/EP/2677 dated Nil passed by the 1st respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the Government rules and rules of Nomination and thereby direct the respondents to pay the pensionary benefits of late James Durai to the petitioner as per the nomination. For Petitioner :: Mr.V.Muralidaran For Respondents :: Mr.V.Vijayashankar for R1 Ms.C.Devi for R2 Not ready for R3 & R4 O R D E R The petitioner claiming to the wife of late James Dorai, who was employed as Secondary Grade Teacher in Panchayat Union Middle School, Panamadangi filed O.A.No.8776 of 2000 before the Tamil Nadu Administrative Tribunal seeking to call for the pension papers and after setting aside the same seeks for a direction to pay her pensionary benefits arising out of the death of her husband late James Dorai. https://hcservices.ecourts.gov.in/hcservices/ 2. In the said Original Application, Notice of Motion was ordered on 1.12.2000. On notice from the Tribunal, a reply statement dated 'nil' (February 2001) was filed by the 1st respondent together with relevant Government documents. In view of the abolition of the Tribunal, the matter stood transferred to this Court and was re- numbered as W.P.No.3517 of 2007. 3. It is the case of the petitioner that her husband died on 26.8.1999 while he was in service and after his death, there were 8 legal heirs and all of them gave affidavit jointly that they are all eligible for the benefits and they have no objection for the petitioner to receive the terminal benefits as well as compassionate appointment for her son J.Devaprakash. After the receipt of the benefits, it is now claimed that the 2nd respondent Assistant Elementary Educational Officer, K.V.Kuppam, Vellore District had sent the proposals for grant of pension on the basis of the nomination made by late James Dorai. In spite of her getting no objection in the nomination form, the 1st respondent by letter dated 'nil' directed the 2nd respondent that as per G.O.602, Finance (Pension) dated 13.9.1996, the 2nd wife or subsequent wives are not eligible to receive pensionary benefits and the pensionary benefits are also payable to illegitimate children born out of such illegal marriage and the petitioner was not eligible for receiving benefits. The first wife of James Dorai Mrs. Violet and the third wife's daughter Suganya are eligible to get benefits. Challenging the said order, the Original Application came to be filed. 4. In reply to the assertion made by the petitioner, in the counter affidavit, it is stated that pension can be paid only in terms of Tamil Nadu Pension Rules, 1978 and the term 'family' is defined under Rule 49(13)(b) of the Rules. Admittedly, the petitioner's late husband was governed by Christian personal law, which does not permit any second marriage during the subsistence of the 1st wife. The Government by G.O.Ms.602, Pension dated 13.9.1996 has stated that the children born out of illegitimate wife alone are entitled to share in the family pension, provided those children come below 25 years and in case of female, she is not married. In the light of this legal position, it is the first wife Smt.Violet and Selvi Suganya, the daughter of late James Dorai born to the petitioner alone are entitled to 50% of the family pension and therefore her request was rightly rejected. https://hcservices.ecourts.gov.in/hcservices/ 5. In the light of the stand taken by the respondent, no case is made out. Accordingly the writ petition stands dismissed. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ajr To 1 THE ACCOUNTS OFFICER O/O.THE PRINCIPAL ACCOUNTANT GENERAL (ACCOUNTS AND ENTITLEMENTS) TAMILNADU, CHENNAI 18. 2 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER K.V. KUPPAM 632 201, VELLORE DISTRICT. + 1 cc to Mr. V.Vijay Shankar, Advocate SR.8411 + 1 cc to government Pleader Sr.8739 W.P.No.3517 of 2007 VSN(CO) Eu 14.2.11 https://hcservices.ecourts.gov.in/hcservices/