P. PANCHALI Vs. CHIEF ENGINEER

JUDGEMENT

(1.) Whether nominee is a legatee or a trustee in respect of terminal benefits of the deceased is the issue raised in this case. The contention of the department is that nominee is the owner of the property and therefore, nominee alone is entitled to get the benefit. But the contention of the petitioner is that nominee is not the owner of the asset and unless the statute expressly provides that the provisions of law will override Succession Laws, it is the legal heirs, who would be entitled to terminal benefits and not the nominee alone. Whose contention is right, is the issue to be decided.

(2.) The 3rd respondent herein has passed the order dated 05.05.2016 by proceedings in Ka.No: Se.Po/KiKo/UNiA/NiPi/Nir.U.1/A.No.745/2016, informing the petitioner's counsel that as per the Rules of Tamil Nadu Electricity Board, the amount would be disbursed only to the person named as "Nominee" by the deceased in the Service Register, thereby declining the request of the petitioner to disburse 50% of the terminal benefits to her in the capacity as mother of the deceased. This order is under challenge in this writ petition.

(3.) Learned counsel for the petitioner has pointed out that the deceased employee by name P. Sivalingam died on 04.03.2016; he joined in the respondent department as a Daily Wage during 2008 and his service was regularised in the post of Field Assistant during 2009; after the death, the petitioner is entitled to 50% of the terminal benefits.