DANIEL GNANAMMAL ANNA JOTHI Vs. ASSISTANT ELEMENTARY EDUCATIONAL OFFICER RAJAKKAMANGALAM KANYAKUMARI DISTRICT

JUDGEMENT

(1.) The appellant is the writ petitioner and he filed W.P.(MD)No.9183 of 2007 is filed for issuance of a Writ of Mandamus directing the first respondent to sanction the Family Benefit Fund to the petitioner's family which is due and payable on account of demise of his wife namely Chinnammal. The said writ petition was dismissed on 07.01.2008 for the reason that the petitioner is not entitled to the benefit under the Family Security Fund Scheme since his wife died beyond the age of 60 years. The writ petitioner challenging the vires of the same, preferred this writ appeal. Pendency of this writ appeal, the appellant died and the present appellant is substituted as per the order dated 02.09.2010 made in M.P(MD)No.1 of 2010.

(2.) In the affidavit filed in support of the writ petition, the writ petitioner averred that his wife namely Chinnammal was working in the Government Primary School at Pallikulathu Villai as a Part Time Sweeper and she died at the age of 59 years on 13.02.2003.

(3.) The petitioner would further aver that the Government introduced a Fund called 'Tamil Nadu Family Benefit Fund', under which, a lump sum has been assured to the family of an employee in the event of death in harness and in terms of the Scheme and as per G.O.Ms.No.1151 Finance (Pension) Department dated 07.11.1990, the family of the Part Time employees is also entitled to get the said benefit and therefore, the petitioner and his two daughters are eligible to get the said fund of Rs.1,00,000/- (Rupees One Lakh only).