S SEKAR Vs. PRINCIPAL ACCOUNTANT GENERAL

JUDGEMENT

(1.) This writ petition is filed to call for the records relating to the proceedings made In Na. Ka. No. 1046/04, dated 5.10.2004 issued by the 3rd Respondent and quash the same and direct the Respondents 2 and 3 to re-submit the pension papers to the first Respondent and consequently direct the first Respondent to sanction family pension to the legal heirs of the deceased Late S. Banumathi, who worked as Assistant in the office of the 3rd Respondent.

(2.) One Banumathi, who was working as nursing assistant in the third Respondent centre died on 12.1.2002 in harness. Her husband Mani pre-deceased her on 8.11.1998. The couple left behind two minor children. One Deepanraj born on 8.11.1991 and Indira born on 1.11.1994. The said Banumathi, who was suffering from chronic asthma (sic) and realising that she may not live long, executed a registered Will dated 2.1.2002, for the benefit of the minor children, which is registered as document No. 1 of 2002 on the file of the Sub Registrar, Sirkazhi, bequeathing all her properties in favour of two minor children and appointing the Petitioner S. Sekar, her brother as guardian of the minor children.

(3.) The Petitioner was also appointed as nominee in the service records to receive all the service benefits in the event of her death. After the death of Banumathi, it is not in dispute that the DCRG, GPF, SPF etc. were given to the Petitioner. The Respondents however did not grant the benefit of family pension to the two minor children. The Petitioner made an application for family pension. By the impugned notice dated 5.10.2004, the third Respondent informed the Petitioner that the first Respondent returned the pension papers for want of guardianship certificate from the civil Court. Hence, the Petitioner was directed to submit guardianship certificate and after receipt of guardianship certificate, the pension papers will be resubmitted to the first Respondent. Aggrieved by the same, the present writ petition has been filed.