P.Anuradha v. The Accoutant General Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2020 CORAM :
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.12879 of 2020 P.Anuradha ... Petitioner -Vs1. The Accountant General of Tamil Nadu, Anna Salai, Chennai 600 018.
2. The Treasury Officer, District Treasury, Vellore.
3. The Additional Sub-Treasury Officer, Vaniyambadi Sub-Treasury, Vaniyambadi, Tirupattur District.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 09.08.2020 for the petitioner's pension and commutation. For Petitioner : Ms.E.Udayasankari For Respondents : Mr.D.Venkatesan, GA for R2 & R3
O R D E R
The petitioner is before this Court seeking issue of Writ of Mandamus to consider her representation sent through E-mail on 09.08.2020, to disburse the arrears of pension amount due to her. According to her, she is a Non-resident Indian, staying in Canada.
2. Notice was ordered and in response to the notice, Mr.D.Venkatesan, learned Government Advocate, entered appearance on behalf of the respondents. Earlier, this Court has directed the learned Government Advocate to file a Status Report in this regard.
3. Today when the matter is taken up for hearing, the learned Government Advocate has circulated the Status Report filed by the third respondent. In paragraph No.6 of the Status Report, it is stated that the respondents require some documents to finalise the pension amount payable to the petitioner, which is extracted hereunder:
"6. I further submit that on 14.07.2020, we informed the petitioner to come forward to receive her pension amount along with relevant document as mentioned in Ka.Mu.469/2020/A dated 14.07.2020. The relevant document mentioned are:
1.The State Treasury Officer Order, 2.Petitioner Bank Pass Book,
3. No Charge pending Certificate,
4. Relieving Order,
5. No Provisional Pension Certificate,
6. 3 Photos of the Petitioner."
4. At this, the learned counsel for the petitioner would submit that the petitioner being a resident of Canada, is unable to come personally to comply with the request. However, the learned counsel would request this Court to permit the petitioner to submit her documents through her representative in Chennai.
5. On consideration of the Status Report filed by the third respondent and the request of the petitioner being legitimate, in view of her non-availability in the Station, the petitioner is permitted to interact with the official concerned to consider her request of nominating a representative on her behalf and in this connection, the petitioner is directed to submit all the documents that are required to be submitted before the respondent concerned through her representative and if any such request is made by the representative of the petitioner, the same shall be considered by the respondent concerned and further orders would be passed in that process.
6. With the above observation, this writ petition stands disposed of. No costs.
7. It is clarified that the petitioner should submit all the documents to the satisfaction of the respondent concerned through the representative of the petitioner and the pension amounts due and payable to the petitioner shall be released and paid henceforth.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsk To 1.The Accountant General of Tamil Nadu, Anna Salai, Chennai 600 018.
2.The Treasury Officer, District Treasury, Vellore.
3.The Additional Sub-Treasury Officer, Vaniyambadi Sub-Treasury, Vaniyambadi, Tirupattur District.
+1 cc to M/s.E.Udhayakumari, Advocate Sr.No. 42039 +1 cc to The Government Pleader, Sr.No. 42292 W.P.No.12879 of 2020 NMI(CO) RMP(19/01/2021)