Petitioner, mother of a deceased government servant, sought 100% pension arguing her daughter is ineligible due to marriage. Court held a divorced employee is treated as unmarried and dependent, allowing the mother to claim full pension.
Directed the Government to process fresh order granting the petitioner 100% pension within 60 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.4613 of 2020
N.Chellamma Amma ... Petitioner
Vs.
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, seeking a direction to the Respondents to consider the representations dated 15.10.2019 and 26.11.2019 submitted before the 2nd Respondent and 3rd Respondents in relation to grant of full pension of Petitioner's son Unnikrishnan Pillai (Late), who died on 14.06.2015 to the Petitioner (mother, 82 years old), who is one among the two legal heirs (since the another legal heir daughter, 5th Respondent not getting the pension after marriage).
For Petitioner : Ms.P.Uma For Respondents 1, 3 & 4 : Mr.S.Karthikaibalan, Government Advocate For 2nd Respondent : Mr.Vijayashankar For 5th Respondent : No appearance O R D E R
Petitioner has come up with this Writ Petition seeking a direction to the Respondents to consider the representations dated 15.10.2019 and 26.11.2019 submitted before the 2nd Respondent and 3rd Respondents, in relation to grant of full pension of her son Late Unnikrishnan Pillai, who died on 14.06.2015 to her, as she is one among the two legal heirs of her deceased son.
“In view of the submissions made, first of all, the Petitioner and the 5th Respondent, who claims to be the legal heirs of the deceased Unnikrishnan, have to go to College and fill up necessary forms and sign in the necessary Application, for availing the retirement benefits, and when that is done, it is for the College to forward the same to the Government to pass appropriate orders. Hence, the Petitioner and the 5th Respondent are directed to submit all the necessary forms and papers, duly signed to the 4th Respondent-College for availing the retirement benefits. On receipt of the same, the 4th Respondent is directed to forward it to the Government, which shall pass appropriate orders, as expeditiously as possible.”
“(13)(b)(iii) [legally adopted son and daughter, father], failing which the mother, in the case of unmarried Government servant subject to the condition that such person declares to be dependent on the deceased Government servant.]
With the above direction, this Writ Petition is allowed. No costs.
Sd/Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
(aeb)
To:
2 issues framed by the court
Whether a mother is disqualified from claiming pension under Rule 49 since the deceased son was married.
Whether a divorced government servant should be treated as unmarried for pension purposes when he has eligible dependents.
1 provisions across 1 enactments
N. Chellamma Amma
Government of Tamil Nadu
Uma, U.S.
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
