Legal heirs of a deceased postal employee sought quashing of Tribunal orders refusing DCRG and family pension nomination to his second wife, married during the first wife's lifetime. The court held entitlement questions require adjudication by the civil court and dismissed the writ petition with liberty.
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W.P.No.13519 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2024
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE K. KUMARESH BABU
W.P.No.13519 of 2024 and
WMP No.14670 of 2024
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of certiorarified mandamus, to call for the records pertaining to the impugned order passed in O.A.No.164 of 2018, dated 20.01.2020 and consequent order passed in R.A.No.5 of 2020, dated
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03.05.2023 by the Central Administrative Tribunal, Chennai and quash the same and consequently direct the second respondent to authorize nomination of DCRG and family pension to the first petitioner Mrs.Bharathi Bai.
For Petitioners : Mr.M.Abdul Razack For Respondents : Mr.Rajesh Vivekanandan, Deputy Solicitor General
ORDER
(Order of the Court was delivered by D.KRISHNAKUMAR, J.)
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W.P.No.13519 of 2024
The first petitioner is wife and the second and third petitioner are son
and daughter of the deceased S.Pandurangan. The said S.Pandurangan married the first petitioner on 01.05.1970, while his first wife (Manonmani) was alive, and with her consent. Subsequently, he got divorce from his first wife, vide order dated 14.02.1972 in O.P.No.26 of 1971 and he paid maintenance to her till her death on 11.05.2000. Initially, S.Pandurangan had given his first wife's name in the service book and after her death, he gave several representations to the second respondent to authorize nomination of DCRG and family pension in the name of the first petitioner herein. Finally, as per the direction of the Tribunal in MA No.463/2017 and OA No.848/017, dated 14.06.2017, the representation of S.Pandurangan dated 24.04.2017 was considered and rejected by the second respondent, vide order dated 16.01.2018. Hence, he approached the Tribunal by filing O.A.No.164/2018. The Tribunal, by relying upon the Central Civil Services (Conduct) Rules, held that the above rules prohibits Government Servants from performing second marriage during the life time of their spouse living, without obtaining permission from the Government and dismissed the above Page 3 of 7
W.P.No.13519 of 2024
application. In the meanwhile, S.Pandurangan died, and the petitioners herein filed Review Application in R.A.No.5/2020 against the above order in O.A.No.164/2018 and the same was also dismissed on 3.5.2023. Hence, the petitioners are before this court.
W.P.No.13519 of 2024
against the judgment and decree of the civil court, they filed the above civil appeal before the Hon'ble Supreme Court. Here in this case, the petitioners have not approached the civil court to get the declaratory relief that the first petitioner is entitled to get the DCRG and family pension. Therefore, without obtaining appropriate orders from the civil court, they cannot seek direction from this court to the authority concerned to grant the said relief. As such, the orders passed by the Tribunal need not be interfered with.
W.P.No.13519 of 2024
DCRG and pension by the first petitioner, can be adjudicated only by the competent civil court. In such circumstances, we are of the view that this Court sitting under Article 226 of the Constitution of India, cannot go into the above issues. Hence, we are not inclined to entertain this writ petition. However the petitioners are at liberty to approach the competent civil court to substantiate their right.
Consequently, connected miscellaneous petition is closed.
(D.K.K.J.) (K.B.J.)
03.06.2024
Internet: Yes/No Index : Yes/No mst
To
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W.P.No.13519 of 2024
D.KRISHNAKUMAR, J. and K. KUMARESH BABU, J.
mst
W.P.No.13519 of 2024
05.06.2024
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1 issue framed by the court
Whether the second wife and children of a deceased government employee can be granted DCRG and family pension nomination via writ jurisdiction under Article 226.
Colour shows how this judgement treated each authority
Smt. Shiramabai w/o Pundalik Bhave and others Vs. The Captain, Record Officer for OIC records, Sena Corps Abhilekh, Gaya, Bihar State and anotherDistinguished¶8
Civil Appeal No.5262 of 2023, dated 18.08.2023
1 provisions across 1 enactments
Bharathi Bai
Janarthanan
Kanchana Devi
The Post Master General, Tamil Nadu Circle, Chennai
The Superintendent of Post Offices, Thiruvannamalai Division, Thiruvannamalai
D.Krishnakumar
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
