This writ petition challenging the rejection of pension and interest claims was dismissed. The Court held that although the petitioner could obtain terminal benefits as a legal heir, she is not entitled to family pension as a sister of the deceased employee.
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.13595 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P. No.13595 of 2013
B.L.Nirmala Devi .... Petitioner
Vs
W.P.No.13595 of 2013
Prayer
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned orders passed by the 4th respondent in DGM (B & O)/MISC dated 18.05.2012 and consequential orders issued by the 5th respondent in PPG/CHE:154 dated 31.05.2012 and quash the same and consequently direct the respondents herein to pay the interest on Rs.6,22,958/- at the rate of 12% per annum from the date of death of deceased till the date of payment to the petitioner (i.e. From 13.05.2005 to 18.05.2012) and all other terminal benefits including the person within the time fixed by this Court.
Petitioner : Mr.S.Sekar For Respondents : Mr.K.Chandrasekar
ORDER
This Writ Petition has been filed challenging the order passed
by the fourth respondent, thereby rejected the claim of the pension and
also interest for the belated payment of terminal benefits.
the learned counsel appearing for the respondents and perused the
materials available on record.
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and the delay payment of terminal benefits was only due to the petitioner https://www.mhc.tn.gov.in/judis 3/6
W.P.No.13595 of 2013
herein. Though the petitioner is a legal heir of the deceased, being sister of the deceased employee, she is not entitled for any family pension. Therefore, the writ petition lacks merits and is liable to be dismissed.
20.07.2023
Index:Yes/No Internet:Yes/No Lpp
To
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G.K.ILANTHIRAIYAN,J.
Lpp
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1 issue framed by the court
Whether a sister of a deceased employee is eligible for family pension.
B.L.Nirmala Devi
State Bank of India
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
