Manoranjitham v. The Principal Accountant- General ( A And E)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2019

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN W.P.No.1252 of 2019 Manoranjitham ....Petitioner Vs 1.The Principal Accountant - General (A&E), Tamil Nadu, Chennai - 600 018.

2.The Chief Medical Officer, Primary Health Centre, Eriyur, Dharmapuri District.

3.The Deputy Director Health Services, Dharmapuri.

.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the 1st respondent to consider and dispose of the representation dated 01.08.2018 by the petitioner with regard to sanction of Family Pension to her within a limited time frame. For Petitioner : Mr.R.Thamaraiselvan For Respondents : Mr.R.S.Selvam Government Advocate

O R D E R

Mr.R.S.Selvam, learned Government Advocate takes notice for the respondents. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come forward with this writ petition seeking a direction to the first respondent to consider her representation dated 01.08.2018.

3. It is the case of the petitioner that her husband M.K.Madhaiyar Chetty, served as Health Supervisor, Government Primary Health Centre, Eriyur and he retired from service on

30.06.1995 A.N. He had two wives and the petitioner is the second wife. His first wife viz., Kuppulakshmi, who is none else than the elder sister of the petitioner, died on 05.01.2005 and she had three children. Subsequently, the petitioner's husband died on 04.03.2010, leaving behind him, the petitioner and her son and three children through the first wife as his legal heirs. Hence, the petitioner submitted a representation dated 01.08.2018, to the first respondent, for grant of family pension to her. But, the said representation has not been considered so far by the first respondent. Therefore, the petitioner is before this Court.

4. The learned Government Advocate for the respondents fairly submitted that the representation of the petitioner would be considered by the first respondent on merits and in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 01.08.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as any other interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ms To 1.The Principal Accountant - General (A&E), Tamil Nadu, Chennai - 600 018.

2.The Chief Medical Officer, Primary Health Centre, Eriyur, Dharmapuri District.

3.The Deputy Director Health Services, Dharmapuri.

+1cc to Mr.R.Thamarai Selvan, Advocate Sr.4240 +1cc to the Government Pleader Sr.4559 W.P.No.1252 of 2019 sr[co] srg 11/03/2019