J PUSHPAM Vs. INTERNAL AUDIT OFFICER (PENSION)

JUDGEMENT

(1.) In this writ petition, the petitioner seeks to quash the order passed by the 1st respondent in his proceedings vide Letter No.030966/407/F8/F83/PPO.27699/09, dated 23.10.2009, denying family pension and other benefits to her. The petitioner has also sought for a consequential direction to the respondents to release family pension and all other benefits which she is legally entitled to from 25.11.2008 along with arrears and interest within a stipulated time frame to be fixed by this Court.

(2.) Learned counsel for the petitioner would aver that the petitioner is the legally wedded wife of the deceased Mr.Johnson and to prove her marriage with Mr.Johnson, the petitioner has filed marriage certificate dated 011.1973, to prove that the marriage was solemnised before the Salvation Army Church in Kanyakumari District and out of the wedlock, she gas got two sons and one daughter. It is further stated that one Lakshmi was working with her husband when he was working as a Mason in Andhra Pradesh and since nobody was to take care of her, the petitioner's husband had taken her to Tamilnadu and with the consent of the petitioner, she was permitted to live with her husband. There was no marriage with the deceased and the said Lakshmi and she did not have any issues till her death on 28.06.2009.

(3.) Learned counsel for the petitioner would further submit that the petitioner's husband Mr.M.Johnson retired from service as Line Inspector on 31.05.1998 on his superannuation without any blemished records. During his entry into the service, he has registered the names of his wives as R.Lakshmi, aged 36 years and D.Meenakshi, aged 22 years in the service register. According to the petitioner, she is the legally wedded wife of the deceased and after marriage, her name D.Meenakshi was changed as J.Pushpam and all official records has been changed incorporating her name as J.Pushpam.