S GOWRISHANKAR MINOR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) HEARD the arguments of Mr. R. Vijayakumar, learned counsel appearing for the petitioner, Mrs. C. K. Vishnupriya, learned Government Advocate representing the respondents 1 and 2, and Mr. V. Vijay Shankar, learned counsel for the third respondent and have perused the records.

(2.) THE petitioner S. Gowrishankar is a minor represented by his grandmother K. Ranganayagi. The petitioner is the son of Tmt. S. Indira Gandhi, who had joined the service as an Assistant on 11. 01. 1983 in the office of the District Adi Dravidar Welfare Department at Villupuram. She died in harness in a fire accident on 18. 01. 1997 after putting in 14 years of service leaving behind her only minor son S. Gowrishankar. At the time of her death, he was 11-1/2 years old. The minor Gowrishankar was born to the petitioner and to one Sathyanathan, who was working in the Revenue Department who was already married and he was born on 11. 12. 1995. He never lived with his father Sathyanathan and was taken care of by his maternal grandparents M/s Kuppusamy and Ranganayagi.

(3.) THE maternal grandfather Kuppusamy filed a suit before the District Munsif Court, Gingee to declare the minor Gowrishankar as the legal heir of late Tmt. Indira Gandhi for the purpose of getting the pensionary benefits of his deceased mother. In the suit, Sathyanathan was shown as defendant and on 11. 02. 1998, the suit was decreed as prayed for. After obtaining the Succession Certificate on 16. 4. 1999, the second respondent District Adi Dravida Welfare Officer, Villupuram, forwarded a proposal to the third respondent along with the pension papers so as to get the Family Pension and Death-Cum-Retirement Gratuity [for short, 'dcrg'] in the name of minor Gowrishankar.