Madras High CourtWP/23390/2018disposed of

M.Yamuna v. The Commissioner Of Police

2018-09-07Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 07.09.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.23390 of 2018 M.Yamuna ....Petitioner Vs

1. The Commissioner of Police, Greater Chennai, o/o Commissioner of Police, Vepery, Chennai - 600 007.

2. The Office of the Principal Accountant, General (A&E) Tamilnadu, No.261, Anna Salai, Chennai - 600 018.

3. The Pension Pay Officer, Pension Pay Office, College Road, DPI Campus, Chennai - 600 006.

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second and third respondents to consider the petitioner's representation dated 10.07.2018. For Petitioner : Mr.G.Somasekar For Respondents: Mrs.R.Janaki, Additional Government Pleader for R1

ORDER

The grievance of the petitioner in this writ petition is non disposal of her representations made to the second and third respondents to revise her family pension after VIIth Pay Commission Report, on 14.11.2016 followed by 06.06.2017 and the last one by 10.07.2018. According to the petitioner, she is entitled to the revision that is enhancement of the family pension in view of the aforesaid Report of the VIIth Pay Commission, but the same has not been extended to her in spite of the representations made. Hence, she has come to this Court seeking a direction to the second and third respondents to consider her representation in a time bound manner.

2. The learned counsel appearing for the petitioner submits that considering the limited prayer made by the petitioner, this Court may dispose of the writ petition with a direction to the respondents as prayed for, without seeking reply affidavit from the respondents.

3. Mrs.R.Janaki, learned Additional Government Pleader who accepts notice for the first respondent, submits that the Government has already taken the decision to extend such pensionary benefit to the family pensioners including the petitioner, in terms of the VIIth Pay Commission Report. However, if such representation of the petitioner is pending and the benefit have not been extended, the same shall be considered by the respondents within the period as stipulated by this Court.

4. Regard being had to the aforesaid facts and submissions made, this Court therefore dispose of this writ petition without seeking reply affidavit of the respondents with the direction to the second and third respondents to take a decision on the representation of the petitioner, if not already taken, in accordance with law, within a period of four weeks from the date of receipt of a copy of this Order and intimate the decision thereof to the petitioner forthwith. However, the order of this Court should not be treated as a mandate of this Court to dispose of the representation of the petitioner in any particular manner. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Commissioner of Police, Greater Chennai, o/o Commissioner of Police, Vepery, Chennai - 600 007.

2. The Office of the Principal Accountant, General (A&E) Tamilnadu, No.261, Anna Salai, Chennai - 600 018.

3. The Pension Pay Officer, Pension Pay Office, College Road, DPI Campus, Chennai - 600 006.

+1cc to Mr.G.Somasekar, Advocate SR.NO.61966 EV(CO) sm:9.10.2018 W.P.No.23390 of 2018