Vathsala Barnabas, v. Assistant Director Office Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8123 of 2018 Vathsala Barnabas ..

Petitioner Vs.

1. Assistant Director Office of Ex-Service men, Air Force, Kancheepuram, Saidapet, Chennai-15

2. Director Department of Pensioner, And pensioner Welfare, Draupadi ghat, Allahabad - 211014 ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent to consider my representation dated 01.02.2018 sent via online.

For Petitioner :: Mr.V.V.Sairam

ORDER

The relief sought for in this writ petition is for a direction to direct the second respondent to consider the representation dated 01.02.2018 submitted by the writ petitioner through online and pass orders.

2.The learned counsel appearing on behalf of the writ petitioner states that the husband of the writ petitioner Late Sri.P.G.Barnabas was employed as Corporal in the Indian Air Force and retired from the service on 31.08.1976 . His service number is 237418. After his retirement, the husband of the writ petitioner joined in the Light House Department. Thereafter, passed away during the year 1997. The writ petitioner was getting the family pension from the Light House Department. However, the Government of India pension from the defence department has not been disbursed.

https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the writ petitioner states that even as per the judgment of the Constitutional Courts dual pension is permissible and the writ petitioner is entitled for the family pension from the Government of India in respect of the services rendered by her husband in the Indian Air Force. 4.In this regard, the wrie petitioner made a representation dated 01.02.2018 to the second respondent and the same is to be considered. Thus, without going into the merits of the matter, the second respondent is directed to consider the representation dated 01.02.2018 submitted by the writ petitioner and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5.The writ petitioner is directed to sent a fresh and detailed representation and all relevant documents along with the order passed in this writ petition. Accordingly, the writ petition stands disposed of. However, there is no order as to costs.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To

1. Assistant Director Office of Ex-Service men, Air Force, Kancheepuram, Saidapet, Chennai-15

2. Director Department of Pensioner, And pensioner Welfare, Draupadi ghat, Allahabad - 211014 +1cc to Mr.V.V.Sairam, Advocate sr.no.25577 W.P.No.8123 of 2018 nr 24/04/2018 https://hcservices.ecourts.gov.in/hcservices/