P.Valli, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.4162 of 2020 P. Valli ... Petitioner Vs.
1. The Secretary to Government Municipal Administration & Water Supply Department, Fort.St.George, Chennai.
2. The Director of Municipal Administration Chepauk, Chennai 600 005.
3. The Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
4. The Commissioner Athur Municipality, Athur, Salem District.
5. The Assistant Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Page No.1 of 6
Nandanam, Chennai 600 035.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order issued by the third respondent in proceedings Mu.Mu.No.32178/Na.O.Sa (2)/2017 dated 30.10.2018 and quash the same and consequently direct the respondents to grant family pension and other pensionary benefits to the petitioner under the Tamil Nadu Pension Rules 1978 with interest at the rate of 12% per annum with effect from the date of petitioner's husband on 26.01.2017 with all consequential service and monetary benefits.
For Petitioner :
Mr.R.Prem Narayan For Respondents :
Mr.S.Silambannan Additional Advocate General Asst.by Mr.T.Chezhiyan Addl.Govt. Pleader for R1 to R3 & R5 Mr.T.Chezhiyan Additional Government Pleader for R4
O R D E R
The present Writ Petition has been filed for issuance of a Writ of Certiorarifed Mandamus to quash the order issued by the third respondent in Proceedings Moo. Mu. No.32178/Na.O.Sa (2)/2017, dated 30.10.2018 and consequently direct the respondents to grant pension and other pensionary benefits to the petitioner under the Tamil Nadu Pension Rules 1978 with Page No.2 of 6
interest at the rate of 12% per annum with effect from the date of death of the petitioner's husband i.e., on 26.01.2017 with all consequential service and monetary benefits.
2. It is the case of the petitioner that her husband was initially appointed as NMR on daily wages in the 4th respondent Municipality on full time basis. Based on G.O.Ms.No.125 Municipal Administration & Water Supply Department dated 27.05.1999 petitioner's husband was appointed in the regular vacant post of Helper in the 4th respondent Municipality on consolidated pay with effect from 01.03.2001 & subsequently he was brought into regular time scale of pay with effect from 01.03.2002. The petitioner's husband died while in service on 26.01.2017. The 3rd respondent issued the impugned order refusing to grant family pension to the petitioner under the Tamil Nadu Pension Rules 1978. Hence, the present Writ Petition.
3. Today when the matter was taken up for hearing, the learned Additional Advocate General - II Assisted by Mr.T.Chezhiyan, learned Additional Government Pleader furnished a copy of the letter (3P) No.02, Page No.3 of 6
dated 08.03.2023 of the Municipal Administration & Water Supply Department, Fort St.George, Chennai addressed to the Director of Local Fund Audit, Chennai and the relevant paragraphs 9 & 10 of the said letter are worth extracting.
4. In view of the above, this writ petition is disposed of and the pension arrears consequent to the order passed by the first respondent dated 08.03.2023 shall be settled to the petitioner within a period of six months from the date of receipt of a copy of this order. No costs. 27.07.2023 (3/10) dpq Index :
Yes/No Speaking Order :
Yes/No Page No.4 of 6
To:
1. The Secretary to Government Municipal Administration & Water Supply Department, Fort.St.George, Chennai.
2. The Director of Municipal Administration Chepauk, Chennai 600 005.
3. The Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
4. The Commissioner Athur Municipality, Athur, Salem District.
5. The Assistant Director of Local Fund Audit Integrated Complex for Finance Department Animal Husbandry Hospital Campus, Nandanam, Chennai 600 035.
Page No.5 of 6
J. SATHYA NARAYANA PRASAD, J.
dpq Writ Petition No.4162 of 2020 (3/10) 27.07.2023 Page No.6 of 6