V.Mari v. The Accountant General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE V. Mari ..
Petitioner vs.
1. The Accountant General, O/o. Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 361, Anna Salai, Chennai - 600 018.
2. The Treasury Officer,
3. The Assistant Treasury Officer, Office of the Treasury office, Pappireddipatti Taluk, Dharmapuri district.
4. The Chief Educational Officer, Office of the Chief Educational Office,
5. The Assistant Elementary Educational Officer, Morrapur, ..
Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the 1/6
petitioners application dated 20.12.2022 to disburse the family pension and other related pensionary benefits including the lifetime pending arrears to the petitioner with 18% interest for the delayed payment. For Petitioner :
Mr.Krishnasamy Chinnasamy For Respondents :
Mrs.Hema Murali Krishnan Standing counsel for R1 M/s.D. Ravichander, Spl. Govt. Pleader for R2 to R5
ORDER
By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.
2. Mrs.Hema Murali Krishnan, learned Standing counsel accepts notice for the 1st respondent and Mr.D.Ravichander, learned Special Government Pleader accepts notice for the respondents 2 to 5.
3. The grievance of the petitioner is that despite being the legally wedded wife of Late Veerappan, who retired as a Tamil Pandit, she has not been disbursed with the family pension and other related pensionary benefits including life time pending arrears of salary till date by the 1st respondent. According to her, a person by name Ms.Palaniammal claiming to be the 2nd wife of the deceased Veerappan has also staked claim over the disbursement of the family pension and other related 2/6
pensionary benefits. In view of the said dispute, the family pension and other pensionary benefits including the life time pending arrears of salary has not been disbursed by the respondents. The petitioner has given a representation on 20.12.2022 to the respondents seeking for disbursement of the family pension and other related pensionary benefits including the life time pending arrears of salary payable on account of Late Veerappan, who was working as a Tamil Pandit. Since the representation has not been considered, till date, the petitioner has filed this writ petition.
4. Heard Mr.Krishnasamy Chinnasamy, learned counsel for the petitioner, Mrs.Hema Murali Krishnan, learned Standing counsel appearing for the 1st respondent and Mr.D.Ravichander, learned Special Government Pleader appearing for the respondents 2 to 5.
5. Admittedly, as seen from the affidavit filed in support of this writ petition only due to the fact that there are rival claimants for family pension and other related pensionary benefits including the life time pending arrears of salary payable on account of Late Veerappan, who was working as a Tamil Pandit, the said amount has not been disbursed till date. The petitioner has given a representation as stated supra seeking for disbursement of the aforementioned amounts.
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6. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, after giving notice to the rival claimant viz., Mrs.Palaniammal, who claims to be the 2nd wife of the deceased Veerappan intimating her that a claim has been made by the petitioner herein. However, the said representation will have to be considered, within a time frame to be fixed by this Court.
7. For the foregoing reasons, this Court directs the 1st respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 20.12.2022 seeking for disbursement of the family pension and other related pensionary benefits including the life time pending arrears of salary payable to Veerappan, who was working as a Tamil Pandit, after issuing notice to the rival claimant viz.,Palaniammal, who claims to be the 2nd wife of the deceased Veerappan intimating her that the petitioner has made a claim for disbursement of the family pension and other related pensionary benefits including the life time pending arrears of salary payable on account of Late Veerappan, within a period of twelve weeks from the date of receipt of a copy of this order. 4/6
8. With the aforesaid directions, this writ petition is disposed of. No costs.
10.01.2023 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To :
1. The Accountant General, O/o. Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 361, Anna Salai, Chennai - 600 018.
2. The Treasury Officer,
3. The Assistant Treasury Officer, Office of the Treasury office, Pappireddipatti Taluk, Dharmapuri district.
4. The Chief Educational Officer, Office of the Chief Educational Office,
5. The Assistant Elementary Educational Officer, Morrapur, 5/6
ABDUL QUDDHOSE, J.
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