WP/12978/2022 of J.Jeromina Vs the Chairman on 26 October 2026

ORDER

The present writ petition has been filed by the petitioner, who is the daughter of the deceased J.J.Joshi.

2. According to the petitioner, J.J.Joshi was an employee in the first respondent Corporation. While he was in service, he died on 28.04.2022.

3. The learned counsel for the petitioner submitted that the petitioner’s father J.J.Joshi had two wives. The first wife’s name was Sudharmi and the second wife’s name is Nargis Kaliappan, who has been arrayed as the sixth respondent. It is submitted that the petitioner and her brother J.Jude Jackson are the children of J.J.Joshi through his first wife Sudharmi. It is further submitted that the sixth respondent has no issue.

4. It is the contention of the learned counsel for the petitioner that the petitioner is claiming a 2/3rd share of the terminal benefits, while the sixth respondent is entitled to a 1/3rd share. It is also the contention of the learned counsel for the petitioner that she has already filed a guardian original petition before the Family Court, Cuddalore, in G.W.O.P.No.164 of 2022, wherein the Family Court appointed the petitioner as the guardian of the person and property of her brother J.Jude Jackson. Hence, the petitioner contends that a 2/3rd share of her father’s terminal benefits should be disbursed to her and the remaining 1/3rd share to the sixth respondent.

5. At this juncture, the learned Senior Counsel, appearing on behalf of the sixth respondent vehemently objected to the above contentions and submitted that the petitioner has already withdrawn a sum of Rs.87,90,053/- from the Indian Bank Account of the deceased husband of the sixth respondent and had also taken away the family jewels. Therefore, it is submitted that the entire terminal benefits ought to be disbursed to the sixth respondent. It is further submitted that the writ petition itself is not maintainable, as the appropriate remedy is to file a civil suit for partition.

6. The learned Senior Counsel further contended that, apart from the disbursal of the terminal benefits, the sixth respondent, being the legally wedded wife, is entitled to a family pension. Hence, the learned Senior Counsel prayed for the dismissal of the present writ petition.

7. I have given my anxious consideration to either side submissions and perused the materials available on record.

8. Looking into the factual position, there is no dispute with regard to the relationship between the parties and it is also not in dispute that the parties are entitled to shares in the terminal benefits of the late J.J. Joshi, who was an employee of the first respondent Corporation. However, the learned Senior Counsel contended that, since the petitioner had withdrawn a substantial amount from her father’s Bank account, she is not eligible to receive the terminal benefits. However, the said submission was strongly objected to by the learned counsel for the petitioner. Therefore, this Court does not wish to go into such a disputed question of fact.

9. The facts remain that the relationships are admitted and that the entitlement to shares in the terminal benefits is also admitted. The question of whether the terminal benefits can be adjusted on the ground of equity, taking into account the amount allegedly taken away by the petitioner, cannot be adjudicated in a writ proceeding. The sixth respondent must seek adjudication of this issue by filing a proper civil suit.

10. It is relevant to mention that the deceased J.J.Joshi had two children through his deceased first wife qua, the petitioner and J.Jude Jackson. After the demise of his first wife, the deceased married the sixth respondent. Therefore, the petitioner, his brother and the sixth respondent are entitled to a 1/3rd share each in the terminal benefits of the deceased J.J.Joshi.

11. For the sake of convenience, this Court suo-motu impleads J.Jude Jackson represented by J.Jeromina, 113, Thandai Periyar Road, Block 12,

Neyveli-607 803, as the seventh respondent, for the effective disposal of the

present writ petition. Mr.Thankasivan, learned counsel for the petitioner undertakes to file vakalatnama on behalf of the seventh respondent, as the petitioner has no adverse interest against the 7

th respondent

.

12. Registry is directed to carry out necessary / consequential amendments in the case file.

13. In view of these peculiar facts and circumstances, this Court finds it justified to issue a direction to respondents 1 to 5 to disburse a 1/3rd share each of the terminal benefits to the petitioner as well as sixth respondent.

14. At this juncture, it is relevant to mention that the petitioner has already filed a guardian original petition before the Family Court, Cuddalore. A copy of the order dated 25.08.2022 passed in G.W.O.P.No.164 of 2022 has been produced, wherein the Family Court, Cuddalore, appointed the petitioner as the guardian of his brother, J.Jude Jackson, in respect of his 1/3rd share of the terminal benefits.

15. In such a peculiar circumstances, this Court also finds it justified to issue a direction to respondents 1 to 5 to disburse the said amount to J.Jude Jackson. However, taking into the consideration the mental condition of J.Jude Jackson, respondents 1 to 5 are directed to deposit his 1/3rd share of the terminal benefits into an interest bearing account in any one of the Nationalised Banks. However, the petitioner is permitted to withdraw the accrued interest from the said deposit once in three months, which shall be utilised strictly for the maintenance and welfare of her brother J.Jude Jackson.

16. With the above directions, the Writ Petition stands disposed of. It is pertinent to mention that the sixth respondent is at liberty to file appropriate civil suit to prove her claim in respect of equity and other claim. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 26-10-2026 Index: Yes Speaking order Neutral Citation: Yes mk To

1. The Chairman NLC India Ltd., Corporate Office, Block 1, Neyveli Township, Neyveli.

2. The Director (H and R) NLC India Ltd., Corporate Office, Block 1, Neyveli Township, Neyveli.

3. The Chief General Manager (H and R) Mine IA, Corporate Office, NLC India Ltd., Block 1, Neyveli Township, Neyveli.

4. The Secretary (Provident Fund) NLC India Ltd., Museum Road, Block 2, Neyveli -607 803.

5. The Trustee (Gratuity Cell) NLC India Ltd., Corporate Office, Block 1, Neyveli Township, Neyveli.

C.KUMARAPPAN, J. mk WP No. 12978 of 2022 26-10-2026