B. SENTHIL KUMAR Vs. THE DISTRICT AND SESSIONS JUDGE, III ADDITIONAL DISTRICT COURT, DISTRICT COURT PREMISES, MADURAI

JUDGEMENT

(1.) The petitioner would claim that he is the brother of the deceased sister Nagalakshmi, who was employed as Grade I Bench Clerk in Tamil Nadu Judicial Ministerial Services and on account of her ill-health, she got voluntary retirement on 03.05.2011 and prior to that, she had rendered 26 years of qualifying service. The petitioner would further state that his sister got married to one Sundaramoorthy, who deserted her for more than 15 years prior to her death and no child was born to her out of wedlock also and she lived along with her parents as well as with the petitioner and on 27.04.2007, the petitioner was nominated by her sister as legal heir in respect of Special Provident Fund, Death-cum-Retirement gratuity, General Provident Fund and the said nomination was recorded in her service register. The petitioner would further claim that apart from the said nomination, her sister had also executed a registered will dated 10.10.2011 by appointing him to succeed her estate in respect of the receipt of the said service benefits. Subsequently she died on 16.12.2011, unable to recover from illness. The petitioner has submitted a representation to the respondent on 21.12.2011 praying for disbursement of pensionary benefits by virtue of nomination and it was returned by stating that in view of Rule 48(8) of the Tamil Nadu Pension Rules, the petitioner cannot be construed as family members, even otherwise he has crossed the age of 18 years. The petitioner, challenging the legality of the said written endorsement dated 03.12.2012 passed by the respondent, came forward by filing this writ petition.

(2.) The learned Counsel appearing for the petitioner has drawn the attention of this Court to Rule 48 of the Tamil Nadu Pension Rules, 1978 and would submit that sub Rule (3) of Rule 48 speaks about the specified nominee and since the petitioner along with his brother-in-law viz., Sundaramoorthy were nominated and the further fact that the said Sundaramoorthy has also died on 25.02.2013 vide Registration No. 7/2013/02 and a certificate to that effect issued by the Registrar of Births and Deaths, Virudhunagar Municipality, dated 12.03.2013, there may not be any impediment on the part of the respondent to disburse the pensionary benefits of the petitioner's sister in his favour by virtue of nomination and prays for allowing this writ petition.

(3.) The learned Standing Counsel appearing for the respondent would draw the attention of this Court to the counter affidavit and also invited the attention of this Court to the Rule 45(5) of the Tamil Nadu Pension Rules and would submit that as per the said sub-rule, the family in relation to the Government Servants means brothers below the age of 18years including the step brothers and admittedly the petitioner, even at the time of nomination, has crossed that age and as such, he cannot be given pensionary benefits and prays for dismissal of the writ petition.