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Judgment
K.K. Sasidharan, J
The Writ Petition filed by the second wife of Thiru.K.Gopalasamy, who was an employee as Secondary Grade Teacher was allowed by the learned single Judge.
The learned single Judge issued a mandamus directing the appellants to pay the family pension to the respondent opining that Courts have already held that in case there are two wives, they are entitled to apportion the family pension amount in equal shares.
The issue raised in this appeal is squarely covered by the judgment of the Division Bench in the case of R.Rajathi V. The Superintending Engineer and another ((2018) 5 MLJ 385). This Court made it clear that the second wife is not eligible for family pension. The respondent being the second wife is therefore not eligible for family pension.
In view of the judgment delivered by the Division Bench cited supra, the appeal filed by the State is allowed by setting aside the order passed by the learned single Judge dated 21.07.2011 made in W.P.No.6149 of 2007.
The learned counsel for the respondent submitted that the order dated 21.07.2011 made in W.P.No.6149 of 2007 was complied with by the appellants and the respondent is receiving family pension till date.
While setting aside the order of the learned single Judge, we make it clear that the family pension so far paid to the respondent would not be recovered from her on account of the fact that the matter was delayed only by the appellants and the order passed by this Court dated 21.07.2011 was challenged only after a considerable period of delay.
Consequently, the connected Miscellaneous Petition is closed.
No costs.