This Writ Petition is filed for issuing a Writ of Mandamus, directing the first respondent to sanction and disburse family pension of the petitioner's husband, namely, Late.Sri.Paraman, in the petitioner's account No.20285648559 and for further relief.
2. Heard, Mr.B.Jeyakumar, learned counsel appearing for the petitioner and Mr.R.M.Makesh Kumaravel, learned counsel appearing for the respondents 1,2 and 4.
3. It is stated that the husband of the petitioner Late.Sri. Paraman died leaving behind 2 sons through his first wife and the petitioner. It is further submitted that the sons of her husband through his first wife are not entitled to pension, as they are not the dependants having crossed the age. However, the respondents 3 and 4 who are the sons of the petitioner's husband through his first wife, filed a Succession Original petition in S.O.P.No.1 of 2016 before the Principal District Court, Madurai, claiming right over Death-cum-Retirement benefits of their deceased father. In the said original petition, an Interlocutory application in I.A.No.41 of 2016 was also filed by them. In the said application, the learned Judge has granted an order of Interim Injunction against the petitioner and second respondent herein from disbursing the Death-cum-Retirement benefits, by order, dated 21.04.2016. The first respondent herein has taken a stand that in view of the order of Interim Injunction granted by the leaned Principal District Judge, Madurai, in I.A.No.41 of 2016 in S.O.P.No.1 of 2016, they were not able to proceed further. The first respondent has informed that if the petitioner is able to show that the S.O.P.No.1 of 2016 is dismissed or the interim order is vacated, they have no difficulty in disbursing the amount to the petitioner.
4. The learned counsel for the petitioner, in such circumstances, agreed to produce the fair order passed in S.O.P.No.1 of 2016, or in the connected proceedings to show that the interim injunction granted earlier has come to end and it is not in force. Upon production of such order, the respondents 1 and 2 are directed to disburse the family pension by crediting the amount to the petitioner's account.
5. With the above direction, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.
To
1.The Registrar, Madurai Kamarajar University, Palkalai Nagar, Madurai ? 625 021.
2. The Branch Manager, State Bank of India, Kamarajar University Branch, Palkalai Nagar, Madurai ? 625 021..