M.Muthulakshmi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2018
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P.No.31984 of 2017 M.Muthulakshmi ...
Petitioner Vs.
1.The State of Tamil Nadu, Rep. By its Secretary to Government, Environment and Forest Department, Fort St.George, Chennai-9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
3.The Forest Extension Officer, Forestry Extension Division, Chengalpet, Kancheepuram District.
4.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai-18.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to send revised pension proposal to the fourth respondent for family pension, commuted value of pension and DCRG pending due to the petitioner's husband and to direct the fourth respondent to authorize the same as per Government Letter No.22825/FR-2/2016-2 dated 02.02.2017 by considering her representation dated 29.10.2017 within time frame. For Petitioner : M/s.K.Jenitha For Respondents : Master Ganesh, Government Advocate for R1 to R3
O R D E R
This Writ Petition has been filed seeking a Writ of Mandamus directing the third respondent to send revised pension proposal to the fourth respondent for family pension, commuted
value of pension and DCRG pending due to the petitioner's husband and to direct the fourth respondent to authorize the same as per Government Letter No.22825/FR-2/2016-2 dated 02.02.2017 by considering her representation dated 29.10.2017 within a time frame.
2. The petitioner is the wife of late Mr.Mani, who was initially appointed as Social Forestry Worker on 16.10.1982 in Arani Range through employment exchange. The petitioner's husband was permitted to retire after rendering 34 years of service, with effect from 30.04.2016, however, he was not paid with pension and therefore, he approached this Court by filing a writ petition and only with the intervention of this Court, the petitioner's husband was paid with pension.
3. The learned counsel appearing for the petitioner, inviting the attention of this Court to the Pension Authorisation in No.P21/12115911/2/PPO No.R2115911 issued by the Office of the Accountant General (A&E), Tamil Nadu, Chennai-600 018 dated 23.11.2016, authorizing monthly pension of Rs.3,050/-. After the demise of her husband on 28.03.2017, when the petitioner gave representation seeking family pension and other benefits, the same has not been considered and no proposal has also been sent till date. Therefore, the petitioner has been constrained to approach this Court with the present writ petition.
4. The learned Government Advocate appearing for the respondents 1 to 3 has submitted that since the petitioner's husband was paid with pension as per the Pension Authorisation issued by the Office of the Account General (A&E), Tamil Nadu, Chennai-600 dated 23.11.2016, the petitioner's representation dated 29.10.2017 will be considered and disposed of within sufficient time.
5. Since the petitioner is a widow awaiting family pension for quite long time, this Court directs the respondents to consider and dispose of the petitioner's representation dated 29.10.2017 and pass appropriate orders on merits within a period of three weeks from the date of receipt of a copy of this order.
6. This Writ Petition is disposed of accordingly. No costs.
Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar
jvm To 1.The Secretary to Government, The State of Tamil Nadu, Environment and Forest Department, Fort St.George, Chennai-9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
3.The Forest Extension Officer, Forestry Extension Division, Chengalpet, Kancheepuram District.
4.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai-18.
+1cc to Mr.K.JENITHA, Advocate, S.R.No. 17723 +1cc to the Spl Government Pleader, S.R.No. 17858 W.P.No.31984 of 2017 TR(19/03/2018)