Lalithammal v. The Principal Account General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.22018 of 2014 Lalithammal .. Petitioner Vs 1 The Principal Account General (A & E) Tamilnadu 361 Anna Salai Teynampet, Chennai-18 2 The Registrar (PDS) Cooperative Society registrar Office Poonamallee High Road Chetpet, Chennai 3 The Deputy Registrar (PDS) Public Distribution Office Nagercoil Kanayakumari .. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondent to sanction and disburse the eligible family pension with arrears and accrued interest to the petitioner on account of the death of her husband Bahilayan For Petitioner : Mr.R.S.Jain For Respondents : Mrs.Hema Muralikrishnan for R1 Mr.D.Venkatachalam for R2 & R3

O R D E R

The petitioner is the widow of Thiru Bahulayan, who worked as a Driver in the office of the second respondent at Chennai. Before joining the State service, the petitioner's husband was in military service. The husband of the petitioner died on 18.10.2009 in harness. The petitioner submitted an application for pension and other retirement benefits. The application was not considered by the respondents, resulting in filing this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel for respondents 2 and 3, on instructions, submitted that the petitioner is receiving military pension consequent to the death of her husband and that is the reason for not considering her application for State pension.

3. The issue as to whether the receipt of military pension would operate as a bar to claim State pension was considered by this Court in W.P.No.7299 of 2013. This Court, by following an earlier order in Tamil Nadu Arasu Pokkuvarathu Madurai Thozhilalar Sangam vs. Government of Tamil Nadu (2010 (2) CWC 555) held that receipt of military pension is not a bar to receive pension from the State Government.

4. The second respondent is directed to consider and dispose of the representation submitted by the petitioner dated 25.3.2014 on merits and in the light of the order dated 10.1.2014 in W.P.No.7299 of 2013. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS II ) /true copy Sub Asst. Registrar ajr To 1 The Principal Account General (A & E) Tamilnadu 361 Anna Salai Teynampet, Chennai-18 2 The Registrar (PDS) Cooperative Society registrar Office Poonamallee High Road Chetpet, Chennai 3 The Deputy Registrar (PDS) Public Distribution Office Nagercoil Kanayakumari 1 cc to M/s. Hema Muralikrishnan, Advocate, sr. 5762 1 cc to M/s.R.S. Jain, Advocatre, sr. 5720 W.P.No.22018 of 2014 EV (CO) kk 17/2 https://hcservices.ecourts.gov.in/hcservices/