M. Pushparaj v. The Govt Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.24860 of 2015 M.Pushparaj ... Petitioner Vs.
1.The Govt. of Tamilnadu, Rep. by its Secretary, School Education Department, Fort St.George, Chennai - 9.
2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District - 602 001.
4.The District Educational Officer, Ramanathapuram, Ramanathapuram District.
5.The Accountant General of Tamil Nadu, Teynampet, Chennai - 18.
6.The Headmaster, Hameediah Higher Secondary School, Kilakarai, Ramanathapuram - 623 806.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to sanction and pay the benefits of Death, Gratuity, Retirement Benefits, Family Pension (till petitioner's mother death on 08.06.1960 and also the petitioner's attaining his majority of 18 years i.e. in 1971 as per the Tamilnadu Pension Rules 1978 to the petitioner and other benefits.
For Petitioner : Mr.V.Krishnamurthy For Respondents: Mr.P.Raja for R1 to R4 Government Advocate Mr.V.Vijayashankar for R5 M/s.K.V.Subramanian Assoc. for R6
O R D E R
The petitioner has filed this writ petition seeking direction to the respondents to sanction and pay the Death, Gratuity, Retirement Benefits, Family Pension and other benefits to him.
2.The case of the petitioner is that his father served as Teacher and Headmaster in Schools aided by Government and died during the year 1953. At the time of his father's death, the petitioner was only one year old. The benefits due to his father was not settled in favour of his mother and his mother also died during the year 1960. After attaining the age of majority, he was informed by his relatives that the benefits due to his father was not settled. Hence, he made representation dated 17.09.2012 to the respondents seeking to disburse the benefits due to his father and family pension till his mother's death infavour of him, however, there was no response. Hence, this writ petition.
3.The learned counsel appearing for the petitioner submitted that though this writ petition has been filed seeking a larger relief, it would suffice, if this Court issues direction to the respondents to dispose of the petitioner's representation dated 17.09.2012, for which the learned counsel appearing for the respondents raised no serious objection.
4.In view of the above, this Court directs the respondents to consider the petitioner's representation dated 17.09.2012, if not already considered and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5.With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar
pri To 1.The Secretary, School Education Department, Fort St.George, Chennai - 9.
2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District - 602 001.
4.The District Educational Officer, Ramanathapuram, Ramanathapuram District.
5.The Accountant General of Tamil Nadu, Teynampet, Chennai - 18.
+1cc to Mr.V.Krishnamurthy, Advocate, S.R.No.11239 +1cc to the Government Pleader, S.R.No.11569 W.P.No.24860 of 2015 PCH(CO) CB(25/06/2021)