This petition sought a writ for family pension. The Madurai Bench held that as the petitioner was the second wife and the first wife was alive, the claim was legally untenable based on settled law, dismissing the petition.
The Writ Petition is dismissed with 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.(MD)No.13449 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.10.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE W.P.(MD)No.13449 of 2019
Leela
... Petitioner
Vs.
1.The Principal Account General, (A&E), Represented by its Branch Officer, Tamil Nadu Authorized of Revision of Pension / Gratuity / Commutation, No.361, Annasalai, Chennai.
2.The Chief Educational Officer, Tirunelveli District, Tirunelveli. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in No.P11/4/11120700/ADK, dated 13.07.2017 issued by the first respondent and quash the same and consequently direct the respondents to grant family pension to the petitioner with all arrears from period 04.01.2006.
For Petitioner : Mr.T.Antony Arul Raj
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W.P.(MD)No.13449 of 2019
For R-1 : Mr.P.Gunasekaran For R-2 : Mr.T.Amjad Khan, Government Advocate
O R D E R
This Writ Petition has been filed challenging the impugned proceedings of the first respondent, dated 13.07.2017, under which, the petitioner’s request
for grant of family pension in her favour has been rejected on the ground that she is the second wife of the deceased employee.
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W.P.(MD)No.13449 of 2019
accordingly, the same stands dismissed. No costs.
15.10.2024
NCC:yes/no Index:yes/no Internet:yes/no TSG To
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W.P.(MD)No.13449 of 2019
ABDUL QUDDHOSE, J.
TSG
W.P.(MD)No.13449 of 2019
15.10.2024
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2 issues framed by the court
Whether a second wife of a deceased government employee is entitled to family pension while the first wife is alive.
Whether the impugned order rejecting the claim for family pension should be quashed.
Colour shows how this judgement treated each authority
T.Ramachandran Vs. The Principal Accountant General, Chennai-600 018 and othersReferred¶19
T.Ramachandran Vs. The Principal Accountant General, Chennai-600 018 and others in W.P.No.20433 of 2020
Leela
The Principal Account General (A&E)
The Chief Educational Officer
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
