Mother Entitled To Share In Pensionary Benefits Of Deceased Son Even In Absence Of Name In Service Register: Madras High Court

Though the Director of Ex-Service Men Welfare submitted that the deceased had nominated his wife to receive the death-cum-retirement benefits and gratuity under Rule Rule 48 of the Tamil Nadu Pension Rules making the mother disentitled to claim any share, the court found the argument to be non-sustainable.

Justice Victoria Gowri of the Madurai bench thus observed,

“The submission made by the learned Special Government Pleader is not sustainable, since the mother/petitioner, being a senior citizen and one of the four legal heirs of the deceased Subramanian, she is entitled to ¼ th share in the all the terminal and pensionary benefits of her son.”

The petitioner had submitted that her son, who worked as a Superintendent of Ex-Service Welfare Department passed away while in service and was survived by herself, his wife and two minor children.

She submitted that during the lifetime of her son, him and his wife were living separately and there were several matrimonial cases pending before various courts. She also submitted that she had incurred several lakhs towards medical expenses for treatment of her son’s liver ailment and had borrowed money from various persons for the same. She further submitted that though she had sent representations to the authorities seeking her share in the terminal benefits, it was not considered.

The court thus directed the authorities to consider her representation and pass appropriate orders to disburse her share in the terminal and pensionary benefits in accordance with law within a period of 12 weeks.

Counsel for the Petitioner: Mr.R.Karunanidhi

Counsel for the Respondent: Mr.N.Muthu Vijayan (R1,R2) Special Government Pleader

Citation: 2023 LiveLaw (Mad) 285

Case Title: Kalyani v The Additional Director and Others

Case No: W.P.(MD).No.18047 of 2023

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