Madras High CourtWP/4878/2020disposed of

D.Burrah Joseph v. The Commissioner

2020-02-26Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.02.2020

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.4878 of 2020 D.Burrah Joseph ... Petitioner Vs.

1. The Commissioner,

2. The Assistant Director (P) Local Financial Audit,

3. The District Revenue Officer/ Regional Officer, 6th Region, Greater Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 22.

4. The Accounts Officer, Pension Section,

5. The Assistant Executive Engineer, 9th Region, .. Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to include the name of the petitioner's wife Mrs.Saramma in the service Register of the petitioner and make her eligible to get family pension after the life of the petitioner.

For Petitioner : Mr.K.Thilageswaran For Respondents : Mr. R.Gopinath Standing Counsel

O R D E R

This Writ petition has been filed for the issue of Writ of Mandamus directing the respondents to include the name of the petitioner's wife Mrs.Saramma in the service register in order to make her eligible for family pension after the life time of the petitioner.

2. The case of the petitioner is that he was working as a sanitary worker in the respondent corporation from 1964 to 2007. After attaining superannuation, the petitioner is also receiving pension. According to the petitioner, his first wife died in the year 1971 and thereafter in the year 1979, the petitioner got remarried to one Saramma. The petitioner has made a representation to the respondents to add the name of Mrs.Saramma in the service records in order to enable her to claim for family pension after the life time of the petitioner. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. Heard Mr.K.Thilageswaran, learned counsel appearing for the petitioner and Mr.R.Gopinath, learned Standing Counsel appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the second and third respondents to immediately take steps to include the name of the petitioner's wife Mrs.Sarammal in the service records, so as to enable her to get the family pension after the death of the petitioner. This processes shall be completed within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second and third respondent along with a copy of this order. A copy of the representation shall also be marked to the first respondent.

5. This Writ Petition is disposed of with the above directions. No costs.

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

1. The Commissioner,

2. The Assistant Director (P) Local Financial Audit,

3. The District Revenue Officer/ Regional Officer,

6th Region, Greater Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 22.

4. The Accounts Officer, Pension Section,

5. The Assistant Executive Engineer, 9th Region, +1cc to Mr.K.Thilageswaran, Advocate, Sr.No.17865. +1cc to Mr.R.Gopinath, Advocate, Sr.No.17157. W.P.No.4878 of 2020 MP(CO) klt (22/05/2020)