Smt. Pugal Samson vs The Principal, Nesamony Memorial Christian College, The Joint Director of Collegiate Education and The Secretary to Government, Government of Tamil Nadu, Higher Education Department

N. Paul Vasanthakumar, J.—The prayer in the Writ Petition is to quash the order dated 18.08.2001 and consequently direct the third

respondent to grant family pension to the petitioner, who is the widow of the deceased pensioner.

The case of the petitioner is that the petitioner is the widow of C.M. Samson, who is a retired Selection Grade Lecturer in the first respondent

Aided College. Petitioner''s husband joined in the service of the Scott Christian High School, Nagercoil, on 23.10.1953 and later on, he was

appointed as Lecturer in the English Department in Scott Christian College, Nagercoil, on temporary basis from 26.09.1956 to 16.03.1957 and he

was transferred to the 1st respondent College of the same management in the year 1966 and then he was promoted as Selection Grade Lecturer in

English and he retired in the year 1991, after having total service of 25 years i.e., from 24.10.1966 to 28.02.1991.

Petitioner states that her marriage took place with the said C.M. Samson on 23.05.1967, as per the Christian rites. Petitioner also produced the

Marriage certificate issued by the Pastor of the Church, who is the authority to conduct the Christian marriages. They lived together for several

years and petitioner gave birth to a male child. Petitioner''s husband died on 04.11.1996 and his death was also registered on 05.11.1996 in the

Municipal register with registration No. 264/1996. Petitioner''s husband was paid pension through the Treasury at Collectorate, Nagercoil.

Petitioner claims that she being the widow of the deceased C.M. Samson, she is entitled to get sanction of family pension after the demise of her

husband. She applied for family pension with relevant documents in the year 1996 along with the death certificate and other relevant documents.

Even though, the said application was submitted in the year 1996, the same was rejected only on 18.08.2001 on the ground that the petitioner has

not produced the joint photo of the petitioner taken along with the her husband.

Heard the learned Counsel for the petitioner as well as the learned Government Advocate.

The point in issue is whether petitioner is the widow of the deceased C.M. Samson, who retired from service as Selection Grade Lecturer from

the first respondent Aided College and whether she is entitled to get family pension ?

The marriage of the petitioner with the deceased C.M. Samson is not in dispute. The marriage certificate issued by the Pastor is a primary

evidence to show that the marriage had taken place. Petitioner also produced the joint photograph taken at the time of the marriage, before this

Court.

The reason stated in the impugned order for not sanctioning family pension to the petitioner after the demise of her husband on 4.11.1996 is that

the petitioner and her deceased husband were living separately due to domestic quarrel and no joint photograph is available. Whether the said

reason stated is justified or not is to be found from the Tamil Nadu Pension Rules, 1978.

Rule 49 of the Tamil Nadu Pension Rules contemplates payment of family pension. Rule 49(2)(b) clearly states that where a Government

servant dies after retirement from service and was in receipt of pension on the date of death, the family of the deceased shall be entitled to family

pension. Under Rule 49(2-A), the family pension payable to a family of a Government Servant or a retired Government servant, who died on or

after the 1st April, 1979, shall be regulated as provided in the rule, provided he has completed continuous qualifying service for a period of not less

than two years. The period for which family pension is payable is also stipulated in Rule 49(6), which states that the family pension payable in the

case of widow or widower upto the date of death or remarriage, whichever is earlier. Under Rule 49(11-B)(a) it is stated that where a female

Government Servant or male Government Servant dies leaving behind a judicially separated husband or widow with a child or children, the family

pension payable in respect of the deceased shall be payable to the surviving person, unless the person is disqualified for the reasons stated in Rule

49(11-C)(a), namely, involvement in criminal offence. The said rule enables suspension of family pension until conclusion of the criminal proceeding

and in case of conviction in the criminal proceeding, the person can be debarred from receiving family pension.

The question as to whether a Government Servant, eligible to receive pension, can execute Will in favour of a third person with regard to family

pension, after his demise was considered by the Supreme Court in the decision reported in Smt Violet Issaac and Others Vs. Union of India (UOI)

and Others, In the said Judgment, the Supreme Court held that family pension cannot be ordered to be given to a stranger other than the widow as

it depends on the status that is acquired on the happening of certain event, viz., becoming widow on the death of the husband and hence it cannot

be given to any other person by executing a Will or instrument.

In the light of the above statutory provision and the decision of the Supreme Court and in the facts and circumstances of the case, I hold, the

respondents are not justified in rejecting the request of the petitioner for sanction of family pension.

In view of my above finding, the impugned order is set aside and the petitioner is directed to send a representation to the second respondent,

enclosing the joint photograph of the petitioner and her husband and also submit necessary records to show that the petitioner is the legally wedded

wife of the deceased C.M. Samson, within a period of two weeks from the date of receipt of copy of this order and on receipt of such

representation from the petitioner, respondents 2 and 3 are directed to sanction and pay family pension to the petitioner from 04.11.1996. The

arrears of family pension payable to the petitioner shall be calculated and paid to the petitioner within a period of eight weeks thereafter.

The Writ Petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.