The Madras High Court in the case observed that the mother who being the senior citizen and one of the legal heirs was entitled to a share in the terminal and pensionary benefits, the court while coming to the aid of the mother seeking the share of the terminal and pensionary benefits of her deceased son.
The bench of Justice Victoria Gowri of the Madurai in the case observed that the submissions made by the learned Special Government Pleader is not sustainable, since the mother or the petitioner who being the senior citizen and one of the four legal heirs of the deceased Subramanian, she is entitled to ¼th share in the all the terminal and pensionary benefits of her son.
The court in the case observed that though it has been submitted by the Ex-Service Men Welfare that the deceased had nominated his wife to receive the death-cum-retirement benefits and gratuity under Rule 48 of the Tamil Nadu Pension Rules making the mother disentitled to claim any share, thus, the said court found the arguments to be non-sustainable.
The petitioner in the plea submitted before the court that the son of her, 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.
It has also been submitted by her that during the lifetime of her son, him and his wife were living separately and there were several matrimonial cases which are pending before various court.
Further, 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 wherein seeking the share of her in the terminal benefits, the court did not consider the same.
The court while considering the facts and circumstances of the case stated that the authorities is to consider the representation of her and to pass the appropriate order to disburse her share in the terminal and pensionary benefits in accordance with law within a period of 12 weeks.
The counsel, Mr.R.Karunanidhi appeared for the petitioner.
The counsel, Mr.N.Muthu Vijayan (R1,R2) Special Government Pleader represented the respondent.