TITLE: Adlin Mirudhula Vs. T.N. State Transport Corporation.
Decided On: August 30, 2023.
Writ Petition No.1688 of 2021
CORAM: Hon’ble Mr. Justice J. SATHYA NARAYANA PRASAD.
Facts:
The petitioner’s father was working as a Driver under the third respondent and having Provident Fund No.5461 without any blemish of records and he died on 26.11.2023 in a road accident and the petitioner’s mother namely Mariaselvam, pre-deceased her father on 23.09.2013. The petitioner has one younger sister viz., Merlin and paternal grandmother namely Madhammal, who are the surviving legal heirs to her father and the Tashildar, Dharmapuri Taluk has also issued a legal heir certificate to that effect. This being so, the petitioner made a representation dated 06.12.2019 before the second respondent, requesting him to disburse the death benefit of petitioner’s father as well as family pension. The second respondent passed an order wherein, it is stated that the name of nominees had not been registered in Service Register of her father and hence, he shall not disburse death benefits and he further directed the petitioner and her sister to approach the Civil Court for Succession Certificate so as to process their application for death benefits and family pension. Challenging the aforesaid order dated 11.03.2020, the petitioner has come forward with the present writ petition.
Legal Analysis and Decision:
In this case, the petitioner’s father was an employee in Tamil Nadu State Transport Corporation (TNSTC) as Driver, who died in a road accident on 26.11.2013. He has not mentioned his children name as legal heirs in the Service Register as well as in the Provident Fund Trust Nomination Forms. Moreover, the petitioner’s father and mother are not alive. Hence, the petitioner was instructed to submit a Succession Certificate through Court so as to enable the respondents 2 to 3 to settle the benefits of their deceased father.
The Court held that there is no rival claim from any persons, since the death of petitioner’s father i.e., for the last ten years till 2023. If there is any rival claim, the respondents can direct the petitioner to submit the Succession Certificate from the Competent Court. But, in this case, it is not required. The petitioner and her younger sister are entitled for 2/3 of family pension of their late father and her paternal grandmother is entitled for 1/3 of family pension and the paternal grandmother has also given ‘No objection Certificate’ to that effect on 20.07.2018. Therefore, apart from that 1/3 share being paid to Mrs.Madhammal, the remaining 2/3 of share may be paid to the petitioner viz., Adlin Mirudhula and her sister Merlin.
Since, the petitioner’s deceased father was an employee of Tamil Nadu State Transport Corporation, Salem Division and the same has been excluded from the purview of the Employee Provident Fund Provisions Act, 1952 with effect from 01.09.1998. The Provident Fund and pension benefits are governed only by the Tamil Nadu State Transport Corporation and not by the Employee Provident Fund Office, who is the fourth respondent and directed the 1-3 respondents to disburse the Pension amount.
Conclusion:
The Court said that there is no rival claim from any person, claiming the retirement benefits and other benefits of the late R.Sellappah, deceased father of the petitioner and directed the respondents 1-3 to disburse the death benefits of the petitioner’s father late R.Sellappan, who died on 26.11.2013 and to sanction 2/3 of the family pension to the petitioner and her sister Merlin and 1/3 of family pension to the petitioner paternal grandmother Mrs.Madhammal, within a period of 3 months from the date of receipt of a copy of this order.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.
