R.Gothai v. The Chief Judicial Magistrate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2023
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE P.B. BALAJI Writ Petition No. 2876 of 2023 and W.M.P. No. 2987 of 2023 --- R. Gothai .. Petitioner
Versus
1. The Chief Judicial Magistrate Salem
2. The Principal Secretary Commissioner of Treasuries & Accounts Integrated Complex for Finance Department 3rd Floor, Veterinary Hospital Campus Anna Salai, Nandanam Chennai - 600 035
3. The Pension Officer Commissioner of Treasuries & Accounts Integrated Complex for Finance Department 3rd Floor, Veterinary Hospital Campus Anna Salai, Nandanam Chennai - 600 035
4. The District Collector District Collectorate 1/6
5. The District Treasury Officer Office of the District Treasury Collector Office Camps .. Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to direct the third respondent to issue the contributory family pension to the petitioner pursuant to the petitioner's representation dated 29.11.2022 For Petitioner :
Mr. N. Siva For Respondents :
Mr. P. Kanna Kumar for R1
ORDER
[Order of the Court was made by R.MAHADEVAN,J,] The Petitioner has filed this writ petition praying to issue a Writ of Mandamus directing the second respondent to instruct the third respondent to issue contributory family pension to her on the basis of her representation dated 29.11.2022.
2.
It is stated by the petitioner that her father worked as a Typist in the Court of Judicial Magistrate No.5, Salem and retired in the year 1976. On his retirement, he was in receipt of his pension. Similarly, the petitioner's mother Mrs. Indirani was employed as Tamil Teacher in St. Mary's Higher Secondary School and retired on 01.07.1987. It is further stated that her mother died on 26.02.2000 and on 01.05.2016, her father also died. Subsequently, on 05.09.2017, the petitioner's brother Gopinath died as a 2/6
bachelor. On their death, the petitioner was left without the support of any of her family members and therefore she joined Young Women Christian Association, an Old Age Home and was staying there. It is further stated that the petitioner is also unmarried and she has no financial support to lead a normal life. In such circumstances, the petitioner submitted representations to the respondents seeking to disburse family pension to her by taking note of her plight as an unmarried daughter of a retired government servant as well as pensioner. The petitioner thereafter submitted a representation, along with the copies of the documents to the office of the first respondent in person on 24.12.2018. After several attempts, ultimately, on 05.12.
2022, the first respondent sent a communication to the petitioner calling upon her to furnish certain documentary evidence on or before 15.12.2022. The petitioner therefore sent a representation dated 14.12.2022 in which she had enclosed all the document as called for in the communication dated 05.12.2022 of the first respondent. Thereafter, the petitioner did not receive any further communication, hence, she has filed this writ petition before this Court. 3.
The learned counsel for the petitioner submitted that as per the order passed in G.O. Ms. No. 325, Finance (Pension) Department dated 28.11.2011 and G.O. Ms. No.165, Finance (Pension) Department dated 3/6
21.05.2012, the petitioner, as an unmarried daughter of a pensioner, is entitled to family pension. The petitioner has been approaching the respondents from the year 2015 but of no avail. Even the District Legal Services Authority, Salem has forwarded the application of the petitioner on 12.12.2017 to the District Treasury Officer, who in turn sent a communication dated 28.12.2017 stating that the parent department of the pensioners namely Judicial Department or the Education Department, where the petitioners parents were employed and retired, have to send necessary proposals to the Accountant General of Tamil Nadu for payment of pension and in the absence of the same, the petitioner cannot be paid pension. The petitioner thereafter approached the respondents with a representation dated 29.11.2022 reiterating her request for payment of pension, but no order has been passed thereof, hence, the learned counsel prayed for issuing appropriate direction to the first respondent to pass appropriate orders on the application submitted by the petitioner on 29.11.2022 within a time frame.
4.
On the above submissions of the learned counsel for the petitioner, we have heard the learned counsel for the first respondent and perused the material records.
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5.
Taking note of the facts of the case and the submissions of the counsel for the petitioner, we direct the first respondent to pass appropriate orders on the representation dated 29.11.2022 of the petitioner on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and serve a copy of the same to the petitioner. 6.
With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.M.D., J) (P.B.B., J) 07.02.2023 ay/rsh Index:Yes / No Speaking Order / Non-speaking Order Copy to
1. The District Collector Salem - 636 001
2. The Revenue Divisional Officer Salem - 636 001
3. The Revenue Tahsildar Salem West Salem 5/6
R. MAHADEVAN, J and P.B. BALAJI, J ay/rsh 07.02.2023 6/6