A writ petition was filed by a divorced wife seeking death cum retirement gratuity and pension benefits from her deceased ex-husband. The court held that since the employee validly remarried and nominated his second wife for these benefits, the petitioner had no legal right to claim them. The writ petition was dismissed.
The writ petition stands dismissed. No costs.
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.
W.P.No.38132 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.38132 of 2016 and
W.M.P.No.32676 of 2016
Baladevi
...Petitioner
-Vs-
1.The Director, Technical Education Directorate, Chennai - 25.
3.Correspondent, Thiyagarajar Polytechnic College, Salem.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 19.10.2015 in respect of seeking all benefits and other claims retrospective with respect to the petitioner's husband's employment as Lab Assistant at Thiyagarajar Polytechnic College, Salem.
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W.P.No.38132 of 2016
For Petitioner : Prof.M.Udaya Bhanu For R1 & R2 : Mr.M.Shahjahan, Special Government Pleader For R3 : Mr.R.Nalliyappan
ORDER
Heard Prof.M.Udaya Bhanu, learned counsel for the petitioner, Mr.M.Shahjahan, learned Special Government Pleader for the respondents 1
and 2 and Mr.R.Nalliyappan, learned counsel for the third respondent.
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W.P.No.38132 of 2016
into a valid marriage with Thenmozhi, who was not made as a party respondent. The order of the Family Court granting the decree of divorce has become final. This apart, the late employee had also nominated Thenmozhi for family pension and DCRG benefits. While that being so, the petitioner herein may not have any legal right whatsoever to claim the benefits arising out of the death of the late employee.
the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
06.12.2022
Index:Yes/No Speaking order/Non-speaking order hvk
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W.P.No.38132 of 2016
M.S.RAMESH,J.
hvk
To
1.The Director, Technical Education Directorate, Chennai - 25.
2.The Director, Thiyagarajar Polytechnic College, Salem.
W.P.No.38132 of 2016
06.12.2022
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2 issues framed by the court
Whether a divorced wife is entitled to claim death cum retirement gratuity and family pension benefits when the deceased employee has remarried and nominated his second wife.
Whether the petitioner has made out any case for seeking monetary benefits of the late employee in absence of nomination in her favour.
1 provisions across 1 enactments
Baladevi
The Director, Technical Education Directorate, Chennai
The Director, Thiyagarajar Polytechnic College, Salem
Correspondent, Thiyagarajar Polytechnic College, Salem
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
