Mother Being Senior Citizen And A Legal Heir Is Entitled To Share In Terminal And Pensionary Benefits Of Her Son: Madras High Court

The Madras High Court, Madurai Bench has held that a mother being a senior citizen and a legal heir is entitled to the share in terminal and pensionary benefits of her son.

A writ petition was filed seeking a direction to the respondents to disburse the terminal benefit of petitioner’s son to her on the basis of the representation, within the time period stipulated by the Court.

A Single Bench of Justice L. Victoria Gowri 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.”

Advocate R. Karunanidhi appeared on behalf of the petitioner while Special Government Pleader N. Muthu Vijayan appeared on behalf of the respondents.

In this case, the petitioner’s son worked as a Superintendent of Ex-Service Welfare Department and while in service, he passed away. He was survived by his mother, i.e., petitioner, his wife, and two minor children. It was claimed by the petitioner that during the lifetime of her son, her son and his wife lived separately and several matrimonial cases were pending before various courts.

For the treatment of her son’s ailment in his liver, the petitioner incurred several lakhs towards medical expenses and the same was met by way of borrowing money from various persons. After the demise of her son, the petitioner sent a detailed representation to the respondents seeking her share in the terminal benefits of her son Subramanian. However, the same was not considered. Hence, the writ petition was filed by her before the High Court.

The High Court in view of the above facts ordered, “… this Court hereby direct the first and second respondents to consider the representation made by the petitioner, dated 30.06.2023 and pass appropriate orders to disburse the share of the petitioner in the terminal and pensionary benefits of her son Subramanian, in accordance with law, within a period of twelve (12) weeks, from the date of receipt of a copy of this order.”

Accordingly, the High Court allowed the writ petition.

Cause Title- Kalyani v. The Additional Director, Director of Ex-Service Men Welfare & Ors.

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