Wife of a retired Male Nursing Assistant sought mandamus directing government authorities to disburse retirement benefits to her as the legally wedded wife. The court observed she was effectively seeking maintenance and declined to grant it via Article 226, disposing of 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.(MD)No.13062 of 2023 and W.M.P(MD)Nos.11058, 26313 & 26315 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.08.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.13062 of 2023 and
W.M.P(MD)Nos.11058, 26313 & 26315 of 2023
M.Manimegalai
... Petitioner
vs
5.P.Muthu ... Respondents
W.P.(MD)No.13062 of 2023 and W.M.P(MD)Nos.11058, 26313 & 26315 of 2023
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents 1 to 4 herein to disburse the reasonable retirement benefits, to the petitioner as a legally wedded wife on account of attaining superannuation of the 5th respondent on 31.06.2023.
For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 to R4 Mr.K.C.Ramalingam for R5 * * * * *
ORDER
The instant writ petition has been filed by the wife of the fifth respondent herein, who is a retired government servant. It is an admitted fact that the fifth respondent was working as Male Nursing Assistant and he had retired from service on 30.06.2023. Apprehending that the fifth respondent may share his pensionary benefits with some third parties, the present writ petition has been filed seeking a mandamus to disburse reasonable retirement benefits to the writ petitioner as a legally wedded wife.
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W.P.(MD)No.13062 of 2023 and W.M.P(MD)Nos.11058, 26313 & 26315 of 2023
07.08.2024
NCC : Yes/No Index : Yes/No Internet: Yes/No RJR
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W.P.(MD)No.13062 of 2023 and W.M.P(MD)Nos.11058, 26313 & 26315 of 2023
To
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W.P.(MD)No.13062 of 2023 and W.M.P(MD)Nos.11058, 26313 & 26315 of 2023
R.VIJAYAKUMAR, J.
RJR
W.P.(MD)No.13062 of 2023 and W.M.P(MD)Nos.11058, 26313 & 26315 of 2023
07.08.2024
5/5
1 issue framed by the court
Can writ of mandamus under Article 226 compel disbursement of retirement benefits to a petitioner claiming to be the legally wedded wife of a retired government servant?
1 provisions across 1 enactments
M.Manimegalai
The Secretary to Government, Medical and Rural Health and Family Welfare Department
The Director, Public Health Disease Preventive Department
The Deputy Director, Public Health Department
The Block Medical Officer, Block Primary Health Centre, Veerapandi
P.Muthu
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
