Smt.Saradha v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2023
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Writ Petition No.8414 of 2015 Saradha W/o Srinivasan D/o Late M.Muniyammal . . . Petitioner Vs.
1.The Government of Tamil Nadu Rep.by its Secretary to Government Higher Education Department Fort St.George, Chennai - 600 009.
2.The Director of Collegiate Education College Road, Chennai - 600 006.
3.The Management of Islamiah College Rep.by its Secretary Vaniyambadi - 635 752.
Vellore District.
... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents 1 and 2 to pay pension arrears of monthly pension due to petitioner's mother 1/5
Smt.M.Muniyammal from 01.05.1998 to 25.10.2008 and family pension to the petitioner from 26.10.2008 onwards together with interest 12 % per annum within a time frame.
For Petitioner :
Mr.K.M.Ramesh For Respondents : Mr.A.M.Ayyathurai, GA for RR 1&2 Mr.D.Abdullah for R3
ORDER
The petitioner's mother worked as a Sweeper in the 3rd respondent College from 10.12.1974 and attained the age of superannuation on 30.04.1998. Though the petitioner's mother was retired from service and even after repeated representations to the official respondents, she was not paid with pension. Subsequently, on 25.10.2008, petitioner's mother passed away. The petitioner, being the only legal representative of her mother, submitted representation to the respondents on 02.02.2015, along with supporting documents, to pay monthly pension due to her mother, which she ought to have been received during her lifetime and also family pension. However, the respondents have not chosen to respond to the petitioner's representation till today. Hence, the petitioner preferred the present Writ Petition, with a prayer to issue a Writ of Mandamus to 2/5
the respondents 1 and 2.
2.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.
3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same, on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time. 4.In the light of the above observations, the petitioner herein is directed to submit a fresh representation along with connected documents to the respondents within a period of two weeks from the date of receipt of a copy of this order. The 3/5
respondents 1 and 2 are directed to pay arrears of pension, which her mother entitles, from 01.05.1998 to 25.10.2008 with an admissible rate of interest, by considering her representation, within a period of four weeks thereafter. It is made clear that the petitioner got married and she is not eligible for family pension. 5.With the above direction, this Writ Petition stands disposed of. No costs. 06.02.2023 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order Jer To 1.The Secretary to Government Government of Tamil Nadu Rep.by its Secretary to Government Higher Education Department Fort St.George, Chennai - 600 009.
2.The Director of Collegiate Education College Road, Chennai - 600 006.
3.The Secretary Management of Islamiah College Vaniyambadi - 635 752.
Vellore District.
4/5
J.NISHA BANU,J.
Jer Writ Petition No.8414 of 2015 06.02.2023 5/5