V MANGALAM Vs. DIRECTOR OF LOCAL FUND AUDIT

JUDGEMENT

(1.) THE petitioner claims that she is the adopted daughter of Late Padma, who worked as a Rural Women's Welfare Organiser under the Cuddalore Panchayat Union. The said Padma was married to one Balasubramanian and after their marriage, they never had any issue arising out of the marriage. The said Balasubramanian pre-deceased her. It is stated that the said Padma, before her death on 1. 8. 1993, adopted the petitioner as her daughter. In the Nomination Form, dated 24. 2. 1989, she had described the petitioner as her adopted daughter and she was 12 years old and was unmarried. The nomination was counter signed by second respondent-Commissioner, Panchayat Union, Cuddalore. Even in Form-A submitted for receiving the DCRG, the petitioner was shown as the adopted daughter.

(2.) ACTING on the strength of the said nomination, the petitioner was paid Rs. 60,000/- towards Family Benefit Fund through the LIC Pension Group Scheme, by way of Account Payee Cheque, dated 13. 5. 1995. She was also paid the Surrender Leave Salary as per the proceedings of the second respondent, dated 20. 12. 1994. It was paid to her on her producing Succession Certificate.

(3.) HOWEVER when she applied for Family Pension, she was informed by an order dated 23. 6. 1997 that her request for Family Pension must be submitted in Form-12 and a Succession Certificate from a Civil Court must be enclosed. It was stated that thereafter, the question of grant of Family Pension will be considered. Challenging the said order, the petitioner filed Original Application No. 6537 of 1997 before the Tamil Nadu Administrative Tribunal, Chennai.