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Madras High CourtWP/4643/2024allowed

V.Deviga @ Devagi v. The State Government Of Tamil Nadu

2024-02-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4643 of 2024 V.Deviga @ Devagi ....

Petitioner Vs

1. The State Government of Tamil Nadu, Rep. by its Principal Secretary, Department of Finance, St.George Fort, Chennai - 600 009.

2. The Director, Directorate of Local Fund Audit, Integrated Office Complex for Finance Department, 4th Floor, Saidapet, Chennai - 600 035.

3. The Commissioner, Mettur Dam, Salem District.

....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to consider the representation letter dated 05.10.2023 and consequently direct the second respondent to include the petitioner's name in the work register and provide pension benefits and family welfare fund to the petitioner. 1/4

For Petitioner : Mr.M.Venkadesh Kumar For Respondents : Mr.U.M.Ravichandran Special Government Pleader

ORDER

This Writ Petition has been filed for a direction directing the respondents to consider the request made by the petitioner to include her name in the work register and provide pension benefits and family welfare fund on the demise of her husband.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner's husband, viz., Vaiyapuri, had worked as Field Assistant in Mettur Municipality and retired from service on 31.05.2000. Thereafter, he received pension and he died on 19.01.2020. The petitioner is a legally wedded wife and as such, she is entitled for pension and family welfare fund. The petitioner submitted a detailed representation before the second respondent through the third respondent. The third respondent, by its communication dated 21.07.2022, recommended the petitioner to the 2/4

second respondent to include her name in his work register and provide the benefits. However, so far the request was not considered by the respondents. Once again the petitioner submitted a representation o 05.10.2023.

4. Considering the facts and circumstances of the case, the second respondent is directed to consider the case of the petitioner as per the proposal sent by the third respondent dated 21.07.2022 and disburse the family pension and other family welfare fund to the petitioner forthwith.

5. With the above direction, this Writ Petition stands disposed of. No costs.

26.02.2024 Interest : Yes/No Index:Yes/No Speaking /Non-speaking order Lpp 3/4

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Principal Secretary, Department of Finance, St.George Fort, Chennai - 600 009.

2. The Director, Directorate of Local Fund Audit, Integrated Office Complex for Finance Department, 4th Floor, Saidapet, Chennai - 600 035.

3. The Commissioner, Mettur Dam, Salem District.

W.P.No.4643 of 2024 26.02.2024 4/4