In a significant ruling, the Madurai Bench of the Madras High Court, presided over by Justice Shamim Ahmed, has directed the equitable distribution of the Death-cum-Retirement Gratuity (DCRG) of a deceased government employee between his widow and his mother. The court ordered that out of the remaining DCRG amount of Rs. 15,25,277, Rs. 7,00,000 be given to the deceased’s mother, C. Kalaiarasi, and Rs. 8,15,277 to his widow, P. Tamilselvi.
Background of the Case:
The case, WP(MD) No. 22507 of 2022, was filed by P. Tamilselvi, the widow of late Murugesan, who was a government employee. Following her husband’s death, Tamilselvi sought the release of various terminal benefits, including the DCRG, which had not been paid due to a pending lawsuit filed by her mother-in-law, C. Kalaiarasi, in the District Munsif Court, Thoothukudi (O.S. No. 72 of 2022). Kalaiarasi, the mother of the deceased, claimed her right to a share in the terminal benefits, arguing that she was one of the legal heirs of her son.
Legal Issues Involved:
The primary legal issue in this case was whether the mother of a deceased government employee, who is also the mother-in-law of the petitioner, is entitled to a share in the terminal benefits, particularly the DCRG. The court had to balance the rights of the widow, who is the primary beneficiary, with the claims of the mother, who is also a legal heir.
The court also considered the principles of equity and natural justice, especially in light of the fact that the mother had taken care of her son and his family, including the petitioner and her two children, after her son’s death.
Court’s Observations and Decision:
Justice Shamim Ahmed, after hearing the arguments from both sides, referred to a previous judgment of the Madras High Court in W.P.(MD) No. 18047 of 2023, where it was held that a mother, being a senior citizen and one of the legal heirs of the deceased, is entitled to a share in the terminal benefits. The court 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 all the terminal and pensionary benefits of her son.”
In the present case, the court noted that the mother, C. Kalaiarasi, had taken full responsibility for her son’s family after his death and had provided love and affection to her grandchildren. The court also considered the fact that the petitioner, Tamilselvi, had already received other benefits such as the Family Benefit Fund, General Provident Fund, Special Provident Fund, and encashment of earned and unearned leave.
The court, therefore, directed the respondents—the Commissionerate of Treasuries and Accounts and the District Treasury Officer, Thoothukudi—to disburse the remaining DCRG amount of Rs. 15,25,277 as follows:
Rs. 7,00,000 to C. Kalaiarasi (the mother)
Rs. 8,15,277 to P. Tamilselvi (the widow)
The amounts are to be paid via bank draft or cheque and handed over to the parties in court on the next hearing date, which is scheduled for March 18, 2025.
Lawyers Involved:
For the Petitioner (P. Tamilselvi): M/s. Selvakamatchi .P
For Respondents 1 & 2 (Commissionerate of Treasuries and Accounts and District Treasury Officer): Mr. D. Sadiq Raja, Additional Government Pleader
For Respondent 3 (C. Kalaiarasi): M/s. Karunanidhi.R, Advocate
