The Madurai Bench dismissed a writ petition seeking cancellation of an order denying family pension to a petitioner who married after her father's death, finding she was not dependent on his income at the time of his demise.
Denied the petitioner's claim for family pension and quashing of the cancellation order; dismissed the writ petition; no costs.
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WP(MD) No.15171 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD) No.15171 of 2024 and
W.M.P.(MD) Nos.13283 & 13284 of 2024
Kalaivani
... Petitioner
Vs.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records in respect of the impugned order issued by the 1st respondent vide his proceedings Letter No.11784/Pt.346/F.8/F.33/PPO.No.4505 R/2021 dated 07.09.2021 and quash the same as illegal and subsequently pay minimum family pension sum of Rs.7850/- with effect from 20.08.2020 with arrears by complying the 2nd respondent's order
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WP(MD) No.15171 of 2024
vide her proceedings No.003201/263/Adm.III/D.3/F.Pension/2021 dated 16.04.2021.
For Petitioner : Mr.S.I.Muthiah For Respondents : Mr.S.Arivalagan
ORDER
The petitioner, who is the daughter of the deceased Government employee namely, Sankaranarayanan, who retired from service on 13.04.1990 and died on 15.06.1993, has filed this Writ Petition challenging the order of cancelling the family pension already granted to her.
the TANGEDCO proceedings No.52 Part-B-18 dated 12.03.2018, only the unmarried daughter/widow daughter, who was dependant upon the income of the employee, is entitled to get family pension after the life time of the employee. In the instant case, the petitioner got married in the year 1995 and her husband died in the year 2013. The mother of the petitioner was getting pension subsequent to the death of his father and she also expired on 10.09.2020.
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WP(MD) No.15171 of 2024
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WP(MD) No.15171 of 2024
granting family pension to the eligible unmarried / widowed / divorced daughters even after attaining the age limit of 25 years with a condition that the unmarried / widowed / divorced daughters.
22.07.2024
Index : Yes / No Internet : Yes / No NCC : Yes / No sm
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WP(MD) No.15171 of 2024
R.N.MANJULA, J.
sm
Order made in W.P.(MD)No.15171 of 2024
22.07.2024
2 issues framed by the court
Whether a daughter married before the death of her father is eligible for family pension upon her subsequent marriage
Whether the department can legally cancel the family pension granted to a daughter who married after her father's death
2 provisions across 2 enactments
Kalaivani
Internal Audit Officer, Board Office Audit Branch / TNEB
Superintending Engineer, TANGEDCO, Kanniyakumari
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
