AI Structured Summary
Not yet generated for this judgment
Judgment
D. Hariparanthaman, J.—Mr. V. Martinshanthi was a Government Employee. Both the first Petitioner as well as the 6th Respondent
claimed that they got married to the said V. Martinshanthi. The first Petitioner instituted a suit for declaration in O.S. No. 3 of 2006 before the
District Munsif Court, Chengalpattu, to declare that the Petitioners herein are the legal-heirs of Mr. V. Martinshanthi. The 6th Respondent herein
was shown as first Defendant in the suit. Ultimately, the suit was decreed based on the compromise arrived at between the parties. As per the
compromise decree dated 08.09.2006, the sixth Respondent has agreed that all the terminal benefits including pension may be paid to the first
Petitioner
The learned Counsel for the Petitioners as well as learned Counsel for the sixth Respondent submits that the terminal benefits are not yet settled
and the terminal benefits are retained by the Respondents.
In these circumstances, the fifth Respondent is directed to settle the terminal benefits, in terms of the compromise decree dated 08.09.2006
passed in O.S. No. 3 of 2006 by the District Munsif, Chengalpattu, by paying a sum of Rs. 2,00,000/-from the terminal benefits, to the sixth
Respondent herein, and further directed to pay the other terminal benefits including pension to the first Petitioner, after adjusting the aforesaid
amount of Rs. 2,00,000/-paid to the sixth Respondent. The fifth Respondent is directed to complete the aforesaid exercise within a period of six
weeks from the date of receipt of a copy of this order.
The learned Counsel for the Petitioner fairly submits that if the total amount of terminal benefits is less than Rs. 2,00,000/-, the balance would be
paid by the first Petitioner to the sixth Respondent as she would be paid monthly pension. The submission made by the learned Counsel for the
Petitioner is recorded.
The writ petition is disposed of with the above direction. No costs.