The petitioner challenged the stoppage of her family pension following the grant of 50% share to the second wife of the deceased employee. The Court held that both wives were equally entitled to the pension based on the authorization record and Rule 49(7)(b), dismissing the petition.
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.16102 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.16102 of 2021 and W.M.P.Nos.17029 & 17032 of 2021
B.Hajira Beevi
... Petitioner
Vs.
1.The Accountant General (A&E), Teynampet, Chennai 18.
2.Shakila Banu ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent proceedings EN 27/Unit 4/C 401891/21653 dated 24.09.2020 and quash the same and direct the first respondent to pay the pension to the petitioner.
For Petitioner : Mr.V.Manisekaran For Respondents : M/s.Hema Muralikrishnan, Standing Counsel for R1 No representation for R2
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W.P.No.16102 of 2021
O R D E R
This Writ Petition has been filed by the petitioner for quashment of the order of the first respondent in proceedings EN 27/Unit 4/C 401891/21653 dated 24.09.2020 and to direct the first respondent to pay the pension to the petitioner.
married the deceased employee and out of the wedlock, they had three sons. Her husband worked as Sub Registrar at Co-operative Societies Department, Coimbatore Region and he retired from service on 31.08.2007. He nominated the petitioner as his wife in the pension payment order. As per the pension payment order, after the death of her husband, the petitioner approached the first respondent for payment of the family pension. After scrutinizing all the documents, the first respondent had sanctioned the pension payment to the petitioner. All of a sudden, on 29.12.2020, the petitioner received a letter from the Assistant Treasury Officer, Palani, stating that the pension has been sent Page 2 of 6
W.P.No.16102 of 2021
to the District Treasury, Dindugal and hence, the petitioner approached the Assistant Treasurer, Palani. They have informed that the 2nd respondent has obtained an order in O.S.No.180 of 2016 dated 20.11.2018 on the file of the District Munsif Court, Udumalpet stating that the 2nd wife of the deceased employee objected for sanctioning the pension to the petitioner. Based on the said order, the first respondent by a proceeding No.EN27/Unit 4/C 401891/21653 dated 24.09.2020, had stopped the family pension which was issued to the petitioner. Hence, the petitioner has approached this Court by way of this petition seeking a direction to the first respondent to pay the pension to her.
W.P.No.16102 of 2021
issued by the Madrasayea Rahmania Sunnathval Jama-ath, Pollachi, Coimbatore. On that ground, the second marriage of the deceased I.Bose with the second respondent is legal. As per the explanation under Rule 49(7)(b) of the Tamil Nadu Pension Rules, 1978, the second wife of a Government Servant is entitled to 50% share of family pension, if the second marriage is solemnized under the Mohammadan Law in which bigamy is permissible. Accordingly, 50% of family pension was authorised to the petitioner under fresh PPO No.D2725968 with effect from 01.01.2021 and 50% of the remaining pension was authorised to the second respondent under PPO NO.D2725969 on 26.04.2021, under the due intimation to the beneficiaries. He has also produced the authorisation record dated 26.04.2021 pertaining to pension of the deceased employee.
6.With the above observations, this Writ Petition stands dismissed. No
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W.P.No.16102 of 2021
costs. Consequently, connected Miscellaneous Petitions are closed.
11.09.2024
vkr Index : Yes / No Speaking order / Non-speaking order To
1.The Accountant General (A&E), Teynampet, Chennai 18.
VIVEK KUMAR SINGH, J.
vkr
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W.P.No.16102 of 2021
W.P.No.16102 of 2021 and W.M.P.Nos.17029 & 17032 of 2021
11.09.2024
Page 6 of 6
2 issues framed by the court
Is the first wife entitled to the entire family pension when a second marriage solemnized under Muslim law is recognized?
Whether the second wife is entitled to 50% share of the family pension under Rule 49(7)(b) of the Tamil Nadu Pension Rules, 1978?
2 provisions across 2 enactments
B.Hajira Beevi
The Accountant General (A&E), Teynampet, Chennai 18
Shakila Banu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
