S. THENMOZHI ELIZABETH Vs. SECRETARY GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioner herein has filed the writ petition seeking direction to the second and third respondents to disburse the proportionate share in the Provident Fund amount in the P.F.Account of the petitioner's husband late Mr.A.J.Sebastian Raj in respect of Allen Smith and Christen Jones, who are the sons of the petitioner, without insisting the Guardianship Certificate from the court of law, from the petitioner, who is the natural guardian.

(2.) The short issue to be decided in this case is whether the petitioner, who is the mother, is entitled to receive the PF amount payable to her deceased husband on behalf of their two minor sons, without producing the guardianship certificate. The brief facts leading to the filing of the present writ petition is as follows.

(3.) The petitioner's husband Mr.A.J.Sebastian Raj was working in a hospital and was holding Provident Fund and Pension account in his name. He died on 12.12.2016, as per the death certificate enclosed along with the writ petition. He died leaving behind his wife, the petitioner and two sons by name Allen Smith aged 18 years and Christen Jones aged 14 years. The legal heirship certificate is also filed in support of the claim made that they are the legal heirs of the deceased. The pension amount has already been disbursed to the petitioner and her two sons. The provident fund amount has to be released by the second respondent. It is claimed that the second respondent is refusing to release the provident fund amount on the ground that guardianship certificate of petitioner's two sons is not produced.