Late ADGP’s benefits for wife, daughter stayed by Madras HC
CHENNAI: A vacation judge of the Madras High Court on Sunday restrained the State Home Secretary and the Director General of Police from disbursing the entire retirement benefit of the late S Rajendran, who retired as Assistant Director General of Police in January 2016, to his second wife and her daughter.
Justice N Kirubakaran granted the injunction while passing interim orders on a petition from Priyadarshini, the daughter of the first wife of the ex-ADGP at a special sitting on Sunday. The judge issued notice to the authorities concerned and posted the writ petition after four weeks.
According to Priyadarshini, her father married her mother Anitha on May 22, 1985, which was registered and she was born out of the wedlock on May 19, 1986. However, the husband and wife were granted a divorce decree on January 23, 1991.
Rajendran married R Bhagya Devi and out of that wedlock, Kaviya was born, who is now an Indian Revenue Service officer. Rajendran died on September 25, 2016, before he could receive the retirement benefits. As per the law of succession and as a legitimate daughter and a class-I legal heir, she is entitled to a share in the estates and retirement benefits of her father, Priyadarshini claimed.
When Priyadarshini approached the Tahsildar of Sholinganallur taluk for a legal heir certificate, she was told that Kaviya had made a similar plea. She had already given a letter to the Tahsildar not to process Kaviya’s application without including her name. Despite this, he issued the legal heir certificate to Kaviya. She gave a representation to cancel the certificate to the Tambaram Revenue Divisional Officer on January 5 and the enquiry is on. The next hearing date is May 9.
While so, Bhagya Devi is pressurising the Home Secretary and the DGP to disburse the entire retirement benefits to her and her daughter. Priyadarshini served a legal notice to the DGP on January 19 and sent another representation on April 29 last.
As there was no progress, she moved the high court for a direction to the RDO to complete the proceedings of enquiry in accordance with law within a time frame and in the meantime, restrain the Home Secretary and the DGP from disbursing the retirement benefits to the second wife and her daughter, which is granted now.