Children’s terminal benefits should go to parents too: HC

In a significant observation, the Madras High Court Bench here has said that parents should also be given a share in terminal benefits of their deceased children even if their names are not in the list of nominees mentioned in the service records.

Justice T. Raja made the remark in an interim order passed on a writ petition filed by an elderly woman seeking one-third share in the terminal benefits of her son who died in harness while serving as Rural Welfare Officer Grade-I in R.S. Mangalam Panchayat Union in Ramanathapuram district.

The judge ordered notice to the Accountant General returnable by July 26, and granted an interim stay restraining the officer from disbursing the terminal benefits to anyone including the petitioner’s daughter-in-law who had been nominated by the deceased, M. Ganesan, to receive the benefits.

Stating that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cast a duty upon children to take care of their parents, the judge said: “It would go without saying that in unfortunate cases where children predecease their parents, the latter could not be left in the lurch without financial support.

“In such cases, it would be appropriate to pay a portion of the terminal benefits to the parents also irrespective of the nominee mentioned in the service register of the employee concerned… When a mother is legally entitled to financial assistance from her children, officials cannot deny her right by citing technical reasons.”

The judge also recorded the submission of the 72-year-old petitioner, M. Muthulakshmi, that though she was blessed with five sons and three daughters, none of the surviving children were willing to take care of her in her twilight years.