Dr.Afzal Unnisa v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.11020 of 2022 Dr.Afzal Unnisa
...Petitioner
vs.
1. The State of Tamil Nadu Represented by its Principal Secretary to Government, Health and Family Department, Fort St. George, Chennai 600 009.
2. The State of Tamil Nadu Represented by its Principal Secretary to Government, Finance (Pay Cell) Department, Fort St. George, Chennai 600 009.
3. The State of Tamil Nadu Represented by its Principal Secretary to Government, Finance (Pension) Department, Fort St. George, Chennai 600 009.
4. Directorate of Medical Education, Represented by its Director, No. 162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.
5. Pension Pay Officer, Amma Complex, Ground Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chennai - 600 035.
6. The Dean, Madras Medical College, Chennai - 600 003.
...Respondents
Prayer:Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd and 4th Respondents to revise the pension benefits of the Petitioner based on G.O.Ms.No.236 Finance (Pay Cell) Department, dated 12.07.2018 by considering the representation/application of the Petitioner dated 06.08.2018 and consequently directing the 5th Respondent to
disburse the same within a reasonable time as deemed fit by this Court.
For Petitioner : Mr.E.Manoharan For Respondents: Mrs.S.Anitha Special Government Pleader
O R D E R
This writ petition has been filed seeking to issue a Writ of Mandamus, directing the 3rd and 4th respondents to revise the pension benefits of the petitioner based on G.O.Ms.No.236 Finance (Pay Cell) Department, dated 12.07.2018 by considering the representation/application of the petitioner dated 06.08.2018 and consequently, to direct the 5th respondent to disburse the same within a reasonable time as deemed fit by this Court.
2.According to the petitioner, the petitioner has submitted an application in the form of Annexure-I dated 06.08.2018 addressed to the Dean, Madras Medical College for sanctioning the revised pensionary benefits to the petitioner based on G.O.Ms.No.236 Finance (Pay Cell) Department, dated 12.07.2018. Subsequently, the petitioner also submitted an application dated 19.01.2019 to the Additional Chief Secretary to Government, Finance Pension Cell, Secretariat, Chennai for revision of pension.
3.According to the petitioner, the said application dated 06.08.2018 has been forwarded to the Director of Medical Education/the 4th respondent herein by the 6th respondent by Reference No.14310/E1/2/2018, dated 01.09.2018. Therefore, the said proposal is still pending with the Director of Medical Education/the 4th respondent herein and the same has not been forwarded to the authority concerned for sanctioning the aforesaid pensionary benefits to the petitioner. Hence, she seeks an appropriate direction may be issued to the Director of Medical Education/the 4th respondent herein to forward the said proposal to the 1st respondent for sanctioning the revised pensionary benefits to her.
4.In the light of the above submission made by the learned counsel appearing for the petitioner, this Court is inclined to direct the 4th respondent to consider the said proposal forwarded by the 6th respondent and to take appropriate decision to forward the said proposal to the 1st respondent for sanctioning the aforesaid pensionary benefits to the petitioner, as early as possible, within a period of eight weeks from the date of receipt of a copy of this order, if it is otherwise in order.
5.With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dm To
1. The Principal Secretary to Government, The State of Tamil Nadu Health and Family Department, Fort St. George, Chennai 600 009.
2. The Principal Secretary to Government, The State of Tamil Nadu Finance (Pay Cell) Department, Fort St. George, Chennai 600 009.
3. The Principal Secretary to Government, The State of Tamil Nadu Finance (Pension) Department, Fort St. George, Chennai 600 009.
4. The Director, Directorate of Medical Education, No. 162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.
5. The Pension Pay Officer, Amma Complex, Ground Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chennai - 600 035.
6. The Dean, Madras Medical College, Chennai - 600 003.
+1cc to Mr.E.Manoharan, Advocate, S.R.No.30040 +1cc to the Government Pleader, S.R.No.30701 W.P.No.11020 of 2022 SSI(CO) RGA(30/05/2022)