V.Umakumari v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.
V.Umakumari ... Petitioner Vs.
1.The Government of Tamil Nadu, Rep by its Principal Secretary, Municipal Administration Department, Secretariat, Fort St.George, Chennai 600 009.
2.The Director of Town Panchayats, Directorate of Town Panchayats, Kuralagam, Esplanade, Chennai 600 001.
3.The District Collector, Office of the Kancheepuram District Collectorate, Kancheepuram District 631 501.
4.The Block Development Officer, Kanchipuram, Kanchipuram District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider and dispose the representation of the petitioner dated 09.10.2019 addressed to the respondents within the time frame fixed by this Court. Page No.1 of 6
For Petitioner : No appearance For Respondents : Mr.M.Rajendran, AGP for RR1 to 3 Mr.Naresh Kumar.R for Mr.Ilayaraja for R4
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to consider and dispose the representation of the petitioner dated 09.10.2019.
2. No representation for the petitioner. Heard Mr.M.Rajendran, learned Additional Government Pleader for the respondents 1 to 3 and Mr.Naresh Kumar.R, learned counsel for R4.
3. The petitioner's husband was appointed as Rural Welfare Officer and he resigned his job with effect from 31.07.1991. Since the petitioner's husband has completed 18 years of service, he had submitted a representation for sanction for pension. On 12.10.2004, the petitioner's husband received a communication vide O.Mu.54565/2004 by stating that a Government Order has been issued pertaining to grant of pension, hence the petitioner's husband's claim for pension will be considered. Page No.2 of 6
However, the petitioner's husband died on 03.09.2017. So far, no order has been passed on the request made by the petitioner's husband. Subsequent to the death of the petitioner's husband, the petitioner has given a representation on 09.10.2019. But that has not been considered so far. Therefore, the petitioner is before this Court.
4. The learned Additional Government Pleader for the respondents 1 to 3 submitted that the petitioner's husband is not entitled to get pension because he has served only for ten years in the Department. So the petitioner is not entitled to receive any family pension.
5. When the respondents say that the petitioner's husband has served only for ten years, the petitioner claims that he served for 18 years. Therefore, the respondents need to verify the records and consider the representation of the petitioner dated 09.10.2019, on its own merits.
6. In the result, this Writ Petition is disposed and the respondents are directed to consider the representation of the petitioner dated 09.10.2019 on its own merits and pass orders within a period of four Page No.3 of 6
weeks from the date of receipt of a copy of this order. No costs. 09.01.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk To Page No.4 of 6
1.The Principal Secretary, Municipal Administration Department, Secretariat, Fort St.George, Chennai 600 009.
2.The Director of Town Panchayats, Directorate of Town Panchayats, Kuralagam, Esplanade, Chennai 600 001.
3.The District Collector, Office of the Kancheepuram District Collectorate, Kancheepuram District 631 501.
4.The Block Development Officer, Kanchipuram, Kanchipuram District.
Page No.5 of 6
R.N.MANJULA , J.
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