Madras High Court: Tamil Nadu Pension Rules prohibits a nominee above 18 years to receive pension benefits
In ‘B. Senthil Kumar vs. The District and Sessions Judge, Madurai’, a division bench of Justices M Sathyanarayanan and J Nisha Banu of the Madras High Court observed, that in order to avail pension benefits the nominee at the time of being nominated by the deceased person must not be over eighteen years of age. In the present case the petitioner’s deceased sister working as a ‘Grade-I Bench Clerk’ in the Tamil Nadu Judicial Ministerial Services. She had made the petitioner a nominee to the following i.e. special and general provident fund, death cum retirement gratuity and had willed her real estate to him.
The petitioner approached the high court for setting aside the order of the District and Session’s Judge, Madurai who had refused to grant the pension benefits to the petitioner, on the contention that they were in contravention of the Tamil Nadu Pension Rules.
The court while refused to set aside the order of the district judge observed that “though it is the vehement submission of the learned Counsel appearing for the petitioner that in terms of Rule 48 of the Tamil Nadu Pension Rules, the petitioner falls under the category of specified nominee, 5 in the considered opinion of this Court, the said stand lacks merit”. The writ petition for setting aside the order of the district judge was dismissed.
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