Kamala v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN W.P. No. 8882 of 2017 Kamala

...Petitioner

Vs

1. Union of India Rep.by its General Manager Integral Coach Factory Perambur Chennai 600 038.

2. The Registrar Central Administrative Tribunal Chennai Bench High Court Campus Chennai 600 104.

...Respondents

Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Certiorarified mandamus, calling for the entire records pertaining to the order of the Central Administrative Tribunal, Chennai in O.A.310/001114/2016 dated 12.07.2016 passed by the Central Administrative Tribunal, Chennai and quash the same and consequently direct the first respondent to forthwith pay the family pension to the petitioner from the date of the death of her husband Mr.Late.Arumugam.

For Petitioner : Mr.A.P.Suryaprakasam For Respondents : Mrs.Bhavani Subbaroyan (for R1)

ORDER

This writ petition is directed against the order dated 12 July 2016 in O.A.No.310/001114/2016 directing the petitioner to submit a representation to the Integral Coach Factory, for payment of family pension.

2. Since the widow of a Railway employee was denied family pension and notwithstanding the sensitivity of the issue, the Tribunal only directed the petitioner to submit a representation to the Integral Coach Factory, we entertained this writ petition and issued notice to the Railways. We have also directed the Railways to pass orders as expeditiously as possible.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the direction given by this Court, the Railways passed an order sanctioning family pension to the petitioner. Since arrears was not deposited, we directed the General Manager, Integral Coach Factory to deposit the entire amount in the Bank account and report compliance by today [27 April 2017], failing which it was indicated that the General Manager shall appear before us on 28 April 2017.

4. The General Manager, Integral Coach Factory, taking into account the seriousness of the issue, deposited a sum of Rs.10,04,222/- [Rupees Ten lakhs Four thousand Two hundred and twenty two only] in the account maintained by the petitioner in Canara Bank, Perambur.

5. Since the Railways have sanctioned family pension and paid the arrears to the petitioner, nothing survives for further adjudication in this writ petition.

The writ petition is disposed of with the above observation. No costs.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To

1. Union of India The General Manager Integral Coach Factory Perambur Chennai 600 038.

2. The Registrar Central Administrative Tribunal Chennai Bench High Court Campus Chennai 600 104..

+1cc to M/S. V. BHAVANI SUBBAROYAN, Advocate Sr.No. 25789 +1cc to M/S. A.P. SURYA PRAKASAM, Advocate Sr.No.25825 W.P.No. 8882 of 2017 NM (CO) TA 15/05/2017 https://hcservices.ecourts.gov.in/hcservices/