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Madras High CourtWP/4005/2021disposed of

V.Selvi v. The Director,

2024-01-05Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.4005 of 2021 V.Selvi ...

Petitioner /vs/

1. The Director, Ex.Servicemen Welfare Board, Vellore.

2. The Officer Incharge, Record Office, Madras Engineer Group, Pin - 900 493 C/O.56 APO.

... Respondents (R2 is impleaded vide order dated 05.01.2024 made in W.M.P.No.6304 of 2021 in W.P.No.4005 of 2021) Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondent to dispose the petitioner's representation dated 18.11.2020 and consequently issue the pension to the petitioner for the death of her husband Vijayarangam in accordance with law.

For Petitioner ... Mr.D.Bharathy

For Respondents ... No appearance

ORDER

This Writ Petition has been filed seeking a writ of mandamus to direct the respondent to dispose the petitioner's representation dated 18.11.2020 and consequently issue pension to the petitioner for the death of her husband Vijayarangam.

2. The petitioner is the wife of the deceased Vijayarangam, who is an ex-military person gone on voluntary retirement. As per the contention of the petitioner, Vijayarangam married the petitioner after his retirement and out of their wedlock they have given birth to three children. Vijayarangam expired on 15.01.2008 and subsequent to his death the petitioner gave a representation to the first respondent on 18.11.2020 claiming family pension.

3. In the representation dated 18.11.2020 the petitioner has stated that she married the petitioner on 18.01.1989. However, it is not stated in the affidavit of the petitioner whether her husband was in service at the time when he married her. But in the synopsis attached with the writ petition, it

has been stated that Vijayarangam married the petitioner after his retirement. However the learned counsel for the respondent is not available before this Court to make his representation on the claim made by the petitioner.

4. Since the representation of the petitioner has not been considered and culminated into any order, I feel it is appropriate to direct the respondents to consider the representation of the petitioner in accordance with law within a time frame.

5. Accordingly, this Writ Petition is disposed with a direction to the respondents to consider the representation of the petitioner dated 18.11.2020 and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. 05.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn

R.N.MANJULA ,J.

bkn To:

1. The Director, Ex.Servicemen Welfare Board, Vellore.

2. The Officer Incharge, Record Office, Madras Engineer Group, Pin - 900 493 C/O.56 APO 05.01.2024