CHELLATHAI Vs. JOINT DIRECTOR DIRECTORATE OF PENSION

JUDGEMENT

(1.) This writ petition has been filed for a writ of Certiorarified Mandamus to call for the records relating to the impugned order made in Lr.No.13334/2023/E2 dtd. 24/8/2023 passed by the first respondent and to quash the same as illegal and arbitrary and consequently direct the respondents herein to provide the family pension to the petitioner herein with arrears from the date of death of her husband i.e., from 7/10/2022 and other monetary benefits within a stipulated period as to be fixed by this Court.

(2.) The claim of the petitioner is that she is the second wife of the deceased employee, who died on 7/1/2022. Even though she married the deceased employee during the subsistence of the first marriage, it is submitted that the first wife had died on 8/11/2018 and that she had been living along with the deceased employee as his first wife had also deserted him. The petitioner had taken care not only of the child born out between the deceased employee and herself but also of the children born to the deceased employee and his first wife. He submitted that the petitioner's name was mentioned as the nominee in the nominee column. However, when the petitioner applied for sanction of the family pension, the respondents, by the impugned proceedings, sought for submission of succession certificate from the Court. Therefore, she prays this Court to quash the order impugned herein and to direct the respondents to grant family pension to her

(3.) Countering his arguments, Mr.F.Deepak, learned Special Government Pleader for the respondents would submit that the marriage with the second wife had taken place, while the first marriage was valid. Hence, the marriage with the second wife whom he seeks to include cannot be entertained, as the said marriage is a void marriage under the Provisions of the Hindu Marriage Act. Hence, he would submit that such Mandamus as prayed for should not be granted by this Court.