Janakiammal vs Accountant General And Others

S.M.Subramaniam, J

The order of rejection rejecting the claim of the writ petitioner for grant of family pension, is under challenge in the present writ petition.

The petitioner, who is aged about 73 years as of now, claims her family pension on the ground that her husband late Nagarathina Reddy was worked as Village Munsif. The post of Village Munsif was abolished on 14.11.1980. After abolition of the said post, he served as Branch Post Master and died on 11.11.1990.

As per Government Order in G.O.Ms.No.828, Revenue Department, dated 23.08.1996, the Government of Tamil Nadu ordered to provide minimum pension and family pension with effect from 05.12.1986. Based on the said Government Order, the petitioner submitted an application for grant of family pension. The said application was rejected by the first respondent-Accountant General of Tamil Nadu on the ground that the petitioner is the second wife of the deceased employee and the marriage between the petitioner and the deceased employee was solemnised during the lifetime of the first wife. Therefore, the marriage of the petitioner with the deceased employee was null and void and thus her claim for family pension was rejected.

As per the Tamil Nadu Pension Rules, 1978, the second wife is not eligible for family pension. The legally wedded spouse alone is eligible for grant of family pension in accordance with law.

In the present case, admittedly, the petitioner married the deceased employee during the lifetime of his first wife and therefore, the reason stated for the rejection of the claim of the writ petitioner is in consonance with the Tamil Nadu Pension Rules, 1978.

The Accountant General of Tamil Nadu filed a counter-affidavit stating that the first respondent's office called for proposals from the eligible children on the date of death of the deceased Government Servant for issue of authorisation of life time arrears of pension due to the Government Servant vide proceedings dated 05.10.2015. On receipt of the same along with the supporting documents, the office of the first respondents will be issuing authorisation to the eligible legal heirs.

In view of the said statement made in the counter-affidavit of the first respondent-Accountant General of Tamil Nadu, the legal heirs of the deceased employee is at liberty to file an appropriate application through proper channel before the first respondent for grant of family pension in accordance with their eligibility. If at all any such application is submitted, the same may be considered by the first respondent on merits and in accordance with law.

With the abovesaid liberty, the writ petition stands dismissed. However, there shall be no order as to costs.