Madras HC helps elderly woman receive share of son's terminal benefits
She had sought direction to the directorate of ex-servicemen welfare to disburse a share of the terminal benefits of her son Subramanian, who died while working as a superintendent in the department.
MADURAI: The Madurai Bench of Madras High Court came to the rescue of an elderly woman with regard to receiving a share of her late son's terminal benefits, which was denied by the government on the ground that only her daughter-in-law was mentioned as a nominee in the service records.
Kalyani had knocked on the doors of the court a few months ago seeking direction to the directorate of ex-servicemen welfare to disburse a share of the terminal benefits of her son Subramanian, who died while working as a superintendent in the department.
Kalyani claimed that her son and daughter-in-law were living separately and the couple had several marital cases pending before various courts. During this period, she had spent several lakhs of rupees towards treating her son's liver ailment by borrowing money from several people, Kalyani added.
To settle these debts, she sent a representation in June 2023 to her son's office seeking to disburse her share from her son's terminal benefits. But the authorities rejected her request citing that her son had nominated only his wife to receive his death-cum-retirement benefits and gratuity, prompting Kalyani to approach the court.
Justice L Victoria Gowri, who heard her plea, opined that the above reason is not sustainable since the petitioner, being a senior citizen and one of the four legal heirs (including his wife and two children) of the deceased, is entitled to one-fourth share in the benefits. She directed the authorities to consider her case and disburse Kalyani's share to her within three months.