R.Sasivarnam v. The Accountant General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Sasivarnam
...Petitioner
-Vs1.The Accountant General, Office of the Principal A.G & A.E, Annasalai, Chennai - 600 018.
2.The Director of Pensioner, Amma Valagam, 3rd Floor, Chennai - 35.
3.The District Educational Officer, Coimbatore District, Coimbatore.
4.The District Collector, Office of the Collectorate, Coimbatore 5.The District Educational Officer, SS Kulam, Ondiputhoor, Coimbatore.
... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to grant the petitioner all retiral benefits including monthly pension with arrears from the date of retirement of petitioner's late husband Rangasamy. For Petitioner : Mr.P.Muthusamy For Respondent 1 : Mrs.Hema Murali Krishnan For Respondents 2 to 5 : Mr.S.Arumugam Government Advocate
ORDER
This writ petition has been filed for direction to the respondents to grant all retirement benefits including monthly pension with arrears from the date of retirement of petitioner's deceased husband.
2. The petitioner's husband had worked as Physical Education Teacher from 04.06.1956 to 06.07.1969 at Sri Venkateswara Higher Secondary School which is aided school. He died on 12.04.2002. Now the petitioner is being the wife of Mr.Rangasamy claiming retirement benefits of her husband and also family pension.
3. On perusal of the records, it revealed that the petitioner's husband had worked in Sri Venkateswara Higher Secondary School as Lower Grade Physical Education Teacher from 04.06.1956 to 06.07.1969. After appointment of Higher Grade Physical Education Teacher i.e., Mr.R.Uthamarasan, the petitioner's husband was relieved from the said post. Therefore, his appointment was not approved by the authorities concerned. Even, according to the petitioner, her husband did not even complete ten years of his service. While the petitioner's husband was relieved from the said post, he did not even make any claim in respect of his terminal benefits till his demise. Before the demise of the petitioner's husband, he made a representation dated 01.03.2002 claiming pension, that too without claiming any terminal benefits. Therefore, the petitioner is not able to produce any relevant document such as service register, relieving order, retirement order or the family pension order to claim any benefit of her deceased husband.
4. Therefore, the request made by the petitioner cannot be considered and the writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. No costs.
04.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order gvn To 1.The Accountant General, Office of the Principal A.G & A.E, Annasalai, Chennai - 600 018.
2.The Director of Pensioner, Amma Valagam, 3rd Floor, Chennai - 35.
3.The District Educational Officer, Coimbatore District, Coimbatore.
4.The District Collector, Office of the Collectorate, Coimbatore 5.The District Educational Officer, SS Kulam, Ondiputhoor, Coimbatore.
G.K.ILANTHIRAIYAN. J,
gvn W.P.No.16100 of 2023 04.01.2024