J.Jeromina vs the Chairman

2026:MHC:4316
WP No. 12978 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 12978 of 2022
and
W.M.P.No.12441 of 2022
CNR: {HCMA010734742022}
J.Jeromina
D/o.Late.J.J.Joshi,
W/o.Sibin,
113, Thandai Periyar Road,
Block 12, Neyveli-607 803.
..Petitioner(s)
Vs
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.
6. Nargis Kaliappan,
Asst. Manager,
R.K.10, Virudhunagar District
Central Cooperative Bank Ltd.,
104/1, Madurai Road, Virudhunagar-626 001
Residence Address : 14/1, 1st Street,
__________
Page1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 06:17:17 pm )

2026:MHC:4316
WP No. 12978 of 2022
Anbunagar, Aruppukottai,
Virudhunagar-626 101.
7. J.JudeJackson
Represented by J.Jeromina
113, Thandai Periyar Road,
Block 12, Neyveli-607 803.
* R7 suo-motu impleaded vide order dated
26.10.2026 in W.P.No.12978 of 2022
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus, directing the respondent authorities 1 to 5 to
disburse 2/3rd share of all the retirement benefits of the petitioner’s deceased
father J.J.Joshi, who died during service as Dy.General Manager of the
respondent corporation, to the petitioner and her elder brother.
For Petitioner(s): Mr.S.Thanka Sivan
For Respondent(s): Mr.Nithyanandham, for R1 to R4
Mr.K.M.Ramesh, Senior Counsel
for Mr.V.Subramani, for R6
R5 – No appearance
Mr.S.Thanka Sivan, for R7
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.
__________
Page2 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 06:17:17 pm )

2026:MHC:4316
WP No. 12978 of 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
__________
Page3 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 06:17:17 pm )

2026:MHC:4316
WP No. 12978 of 2022
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.
__________
Page4 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 06:17:17 pm )

2026:MHC:4316
WP No. 12978 of 2022
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
th
petitioner has no adverse interest against the 7 respondent .
12. Registry is directed to carry out necessary / consequential
amendments in the case file.
__________
Page5 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 06:17:17 pm )

2026:MHC:4316
WP No. 12978 of 2022
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.
__________
Page6 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 06:17:17 pm )

2026:MHC:4316
WP No. 12978 of 2022
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.
__________
Page7 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 06:17:17 pm )

2026:MHC:4316
WP No. 12978 of 2022
C.KUMARAPPAN, J.
mk
WP No. 12978 of 2022
26-10-2026
__________
Page8 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/10/2026 06:17:17 pm )