1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9210 of 2011 V.Isabella : Petitioner Vs. 1.The General Manager, Tamil Nadu Government State Express Transport Corporation Tamil Nadu Ltd., Chennai-600 002. 2.The Branch Manager, Tamil Nadu State Express Transport Corporation, Meenachipuram Depot, Nagercoil, Kanyakumari District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents herein to sanction the family pension to the petitioner on account of her husband's death, pursuant to the petitioner's representations dated 01.03.2011 and 15.07.2011 respectively. For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader ORDER Writ of Mandamus sought for is to direct the respondents to sanction the family pension to the petitioner on account of her husband's death, pursuant to her representations dated 01.03.2011 and 15.07.2011 respectively. 2. Pleadings disclose that the petitioner's husband Isaac John, who was a Conductor in Tamil Nadu State Express Transport Corporation, died in harness. Earlier, he had married one Suseela Rani on 10.04.1980 and due to misunderstanding between them, they got mutual divorce and a decree has also been obtained from the District Court, Nagercoil, Kanyakumari District. It is the case of the petitioner that thereafter, the said Isaac John married the petitioner in the year 1987 and out of their wedlock, two children were born. In the Service Register, the petitioner was nominated to receive all the retiral benefits. The petitioner's husband died on 06.01.2008. Since the family pension and other retiral benefits were not disbursed, the petitioner was constrained to file Succession Original Petition in S.O.P.No.6 of 2008 on the file of the learned Principal Subordinate Judge, Nagercoil. In the said Succession Original Petition, the first wife Suseela Rani was impleaded as respondent. On contest and after considering the oral and documentary evidence, by observing that the respondent therein was the divorced wife of Isaac John and she had not made any claim over the schedule amount, as she had already received provision for maintenance in lump sum, the https://hcservices.ecourts.gov.in/hcservices/ 2 learned Principal Subordinate Judge, Nagercoil, by its judgment in S.O.P.No.6 of 2008, dated 29th November, 2008, ordered that the petitioner and her two children were entitled to withdraw the provident fund amount. Accordingly, a Succession Certificate was issued. 3. It is the grievance of the petitioner that though the petitioner is entitled to other death -cum- retiral benefits including the family pension, the same were not disbursed and, therefore, representations were made on 01.03.2011 and 15.07.2011 respectively. Alleging inaction on the part of the respondents in sanctioning family pension, even after three years from the date of death of her husband, the petitioner has come forward with the present Writ Petition for the relief stated supra. 4. During the course of argument, the learned counsel for the petitioner also brought to the notice of this Court the fact that the first wife, viz., Suseela Rani, died on 29.12.2010, intestate and, therefore, there is no impediment in granting family pension to the petitioner. 5. Considering the limited relief sought for and having gone through the materials available on record, particularly, the judgment made in S.O.P.No.6 of 2008, dated 29.11.2008, on the file of the learned Principal Subordinate Judge, Nagercoil, this Court is of the view that it is the duty of the first respondent to pass appropriate orders on the representations submitted by the petitioner. 6. Accordingly, the Writ Petition stands disposed of with a direction to the first respondent to consider the representations of the petitioner dated 01.03.2011 and 15.07.2011 and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed by the first respondent, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the direction granted by this Court is only to consider the representations of the petitioner on merits and in accordance with law and it should not be construed as a positive direction to pay the family pension, without any consideration on merits. No costs. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The General Manager, Tamil Nadu Government State Express Transport Corporation Tamil Nadu Ltd., Chennai-600 002. 2.The Branch Manager, Tamil Nadu State Express Transport Corporation, Meenachipuram Depot, Nagercoil, Kanyakumari District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.28116 +1CC TO MR.D.SRINIVASARAGHAVAN, ADVOCATE SR.27880 Sml : SR : 25.08.2011 : 2p/5c Order made in W.P.(MD).No.9210 of 2011 Dated:- 17.08.2011 https://hcservices.ecourts.gov.in/hcservices/