M MARIAPUSHPAM Vs. ACCOUNTANT GENERAL AND ORS

JUDGEMENT

(1.) The Petitioner has focussed the instant Writ Petition praying for passing of an order by this Court in directing the Respondents 1 to 3 to withhold the Terminal benefits payable to the 4th Respondent on the eve of his retirement on 24.05.2005. She also sought for passing of an order by this Court for issuing direction relating to payment of a portion of the said terminal benefit to her and her children by passing orders on her representation dated 05.01.2005.

(2.) The Petitioner's marriage with the 4th Respondent took place in the year 1984 and as a result of wed lock, they have three children. Her sons and daughter, at the time of filing of the Writ Petition, were studying in Engineering College and the third son was studying in 12th standard. The stand taken by the Petitioner is that in the year 1990, the 4th Respondent deserted her family and living separately. The 4th Respondent/Husband filed a divorce petition in I.D.O.P.No.142/92 & G.P.No.13/93 and they were dismissed by the lower Court and also confirmed by this Court. She filed a maintenance case before the lower Court in terms of Section 125 of Criminal Procedure and the same was ordered and arrears of maintenance amount was pending.

(3.) According to the Petitioner, her husband was retiring from service on 24.05.2005 and he would get all retirement benefits on that day itself and also that he would evade payment of maintenance amount. It is her plea that a Government Servant has a duty to protect his family and maintained. She made several representation to the Respondents after narrating all necessary facts especially on 05.01.2005. However, there was no response from the Respondents. Therefore, she filed the present Writ Petition.