S. KAMALA Vs. SENIOR ACCOUNTS OFFICER/PENSION 34

JUDGEMENT

(1.) The order of rejection dtd. 24/3/2014, rejecting the claim of the petitioner for grant of family pension on the ground that the marriage between Shri.V.N.Sivasankaran and Smt.Kamala (2nd wife) took place on 7/11/1973 before the death of Smt.Indirani, who is the 1st wife (on 2/1/2000), is under challenge in the present writ petition.

(2.) The petitioner states that her husband V.N.Sivasankaran was working as Secondary Grade Teacher and he retired from service on 31/5/1989 on attaining the age of superannuation. Thereafter, he was receiving family pension, till his date of death i.e. 2/7/2013. The petitioner states that she is the second wife of late V.N.Sivasankaran and the marriage between them was solemnized on 7/11/1973. The husband of the petitioner married one Indirani in the year 1966 as first wife. Since the first wife suffered from some ill health, with the consent of said Indirani and the family members, the petitioner married the deceased employee. The first wife Indirani died on 2/1/2000, after a lapse of 27 years from the date of the second marriage.

(3.) As per the Service Rules, the deceased husband of the petitioner nominated his first wife as nominee for receiving family pension. However, the deceased employee did not change her name after her death in the nomination. Thus, after the death of the deceased employee, the petitioner submitted a representation for grant of family pension. The authorities competent rejected the claim mainly on the ground that the second marriage between the deceased employee and the petitioner was solemnized during the lifetime of the first wife and therefore, the second marriage is invalid. Thus, the petitioner cannot be construed as a widow for the purpose of granting family pension under the Tamil Nadu Pension Rules. Challenging the said order, the present writ petition is filed.