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Madras High CourtWP/142/2016disposed of

A.Rani, v. Principal Accountant General

2016-07-18Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.142 of 2016 A.Rani w/o.late G.Abimannan Petitioner Vs 1.The Principal Accountant General (Account & Entitlement) Chennai-18 2.The Pay and Account Officer (E) Chennai-5 3.The Pension Payment Officer, EVK Sampath Building Chennai-6 4.The Superintendent, Government Royapettah Hospital Chennai-14 Respondents 5.

Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the Respondents to issue family pension based on the application submitted by Abimannan, who is the husband of the Petitioner in pension payment order (PPO) No.C253814/MWD and Case No.PO6/5/A121-1403/RTD/2003-2004, dated 1.12.2003 based on the representation of the Petitioner dated 1.8.2015. For Petitioner :

Mr.T.Balachandran For Respondents :

Mr.V.Vijayashankar

ORDER

This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondents to issue family pension based on the application submitted by Abimannan, who is the husband of the Petitioner in pension payment order (PPO) No.C253814/MWD and Case No.PO6/5/A121-1403/RTD/2003-2004, dated 1.12.2003 based on the representation of the Petitioner dated 1.8.2015.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

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

3. The learned counsel for the Petitioner, by filing a rejoinder affidavit, would contend that only after the demise of the first wife of the deceased employee, the Petitioner got 2nd marriage with him and therefore, she is entitled for the family pension benefits.

4. The 1st Respondent has filed a counter. According to the Respondents, this point urged by the Petitioner has to be investigated, because in the service register, the name of the first wife alone is mentioned and therefore, it is for the Petitioner to establish before the authority concerned as to when her marriage with the deceased employee took place and when his first wife died and therefore, it is suffice to direct the 4th Respondent to investigate into the matter.

5. Considering the submissions of the learned counsel on either side, without going into merits of the case, the 4th Respondent is directed to investigate into the matter and pass orders on the representation of the Petitioner dated 01.08.2015, after giving opportunity to the Petitioner, on merits and in accordance with law, as expeditiously as possible.

6. With the above directions, this Writ Petition is disposed of. No costs.

Srcm s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To:

1.The Principal Accountant General (Account & Entitlement) Chennai-18 2.The Pay and Account Officer (E), Chennai-5 3.The Pension Payment Officer, EVK Sampath Building, Chennai-6 4.The Superintendent, Government Royapettah Hospital, Chennai-14 + 1 cc to Mr.T.Balachandran, Advocate SR 40032 + 1 cc to M/s.V.Vijayashankar, Advocate SR 40458 ppa(co) prk4/8 WP.No.142 of 2016 https://hcservices.ecourts.gov.in/hcservices/