VIJAYALAKSHMI Vs. PRINCIPAL ACCOUNTANT GENERAL (A&E)

JUDGEMENT

(1.) By this writ appeal, a challenge is made to the judgment dtd. 27/2/2019 whereby, the writ petition to challenge the order dtd. 2/11/2015 to deny the benefit of family pension to the petitioner/appellant was dismissed. It was dismissed on the ground that the appellant, who is stated to be the second wife of the deceased Government employee, was not entitled to family pension.

(2.) Learned counsel for the writ appellant has made a reference to Rule 49 of the Tamil Nadu Pension Rules of 1978 (in short, ''the Rules of 1978'') and submits that Rule 49 permits family pension to more than one widow. The petitioner/writ appellant, being the second widow to the deceased erstwhile Government servant, is entitled to receive the family pension on the death of the Government Servant.

(3.) Giving out the facts of the case, it is stated that erstwhile Government servant died in the year 2013 and before that, his first wife died in 1996. She was otherwise suffering from mental disorder and, therefore, the appellant was staying with the erstwhile deceased employee from the year 1979 itself. In view of the above, a relation of husband and wife, may be even live-in relationship developed and thereby, the petitioner/writ appellant became entitled to receive the family pension after the death of erstwhile Government employee.