J.Raja Bhushanam v. Union Of India Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-01-2025

CORAM

THE HONOURABLE MRS JUSTICE V.BHAVANI SUBBAROYAN WP No. 3323 of 2025

1. J.Raja Bhushanam W/o.Late N.Jaganathan, No.2 Khanmani Mettu Street, Palakkarai, Trichy 620021 Petitioner(s) Vs

1. Union Of India Rep. By The General Manager, Southern Railway, Park Town, Chennai 600003.

2.The Divisional Security Commandant Railway Protection Force, Tiruchirapallai.

Respondent(s) Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the claim of the petitioner towards revised Family Pension in Pay Band-II of Rs.9,300/- - Rs.34800/- + GP Rs.4,200/- with a minimum protection of Rs.7,215/- based on the representation dated 12.04.2018 and reminder dated 19.03.2024 on merits and as per the Revised pay rules within a time to be stipulated by this Court. For Petitioner(s):

L. Chandrakumar 1/4

N.R.Jasmine Padma V.Dinesh For R1 Mr.Ramamoorthy, CGC

ORDER

This Writ Petition is filed seeking for a direction to the first and second respondents to consider the representation of the petitioner dated 12.04.2018 and pass appropriate orders.

2. The case of the petitioner is that the husband of the petitioner N.Jaganathan worked as Sub Inspector in Railway Protection Force and retired on superannuation on 31.09.1992. After the demise of the petitioner's husband, the pay fixation as per revised Pay Rules was not properly incorporated in the pension fixation resulting in irregular payment of the pension and family pension, causing huge financial loss. Petitioner made a detailed representation on 12.04.2018 followed by a reminder on 19.03.2024, but there was no response. Therefore, the petitioner is before this Court by way of this Writ Petition.

3. Learned counsel for the respondents would submit that they will consider the representation of the petitioner and pass appropriate 2/4

orders in a time bound manner.

4. Heard both sides and perused the records.

5. Considering the facts and circumstance of the case and on going through the averments, this Court directs the respondents to consider the representation of the petitioner dated 12.04.2018 and reminder dated 19.03.2024 and verify whether any error has been committed in calculating the family pension. If an error is found, the same shall be rectified forthwith and pass a speaking order after affording the petitioner an opportunity of hearing, within a period of twelve weeks from the date of receipt of copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

gbi 31.01.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/4

V.BHAVANI SUBBAROYAN J.

gbi To 1.Union Of India Rep. By The General Manager, Southern Railway, Park Town, Chennai 600003. 2.The Divisional Security Commandant Railway Protection Force, Tiruchirapallai.

WP No. 3323 of 2025 31.01.2025 4/4