LAWS(MAD)-2023-7-108

BACKIYAM Vs. ESTABLISHMENT OFFICER

Decided On July 03, 2023
Backiyam Appellant
V/S
Establishment Officer Respondents

JUDGEMENT

(1.) This Writ Petition has been filed in the nature of Mandamus, seeking a direction to the 1st respondent / Establishment Officer to make payments of family pension to the petitioner herein, in view of her status as widow of late C. Doraiswamy, who was employed at Defence Service Staff College, Wellington, Nilgiris, Tamil Nadu and who died after superannuation on 5/1/2014 at Gurkha Camp at Wellington.

(2.) The said C. Doraiswamy appears to be a person with extreme views on his personal life. There are documents which reflect that the petitioner is his wife. This includes the Family Card / Ration Card which has been produced as documents and also the Adhaar Card of the petitioner herein. There is also a communication issued by the respondents themselves on 8/5/2015, wherein they have recognized the petitioner as the widow of late C. Doraiswamy and stated as follows:

(3.) The only requirement for respondents at that particular point of time was an affidavit from the son and for some strange reason an order from the Court that the petitioner was the legally wedded wife of late C. Doraiswamy. The son had given an affidavit as required and that has also been filed as document dtd. 11/10/2014 even earlier to the aforementioned letter by the respondents.