Mahamooda Banu v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN Mrs.Mahmooda Banu ... Petitioner Vs.
1. The Secretary to Government, Government of Tamil Nadu, Finance and Pension Department, St. George Fort, Secretariat, Chennai-600 009.
2. The Principal Accountant General (A & E) No.361, Anna Salai, Teynampet, Chennai-600 018.
3. The District Educational Officer (Sec), B Block 3rd Floor, Sathuvachari, Vellore-632 003.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the second Respondent to consider the petitioner representation letter dated 04.02.2025 and consequently direct the respondent to sanction the family pension from the date of death of petitioner's husband namely late CM.Fazlur Rahmon or any other appropriate writ, order or direction in the nature of a writ or any other relief as this Honble Court may deem fit and proper in the above facts and circumstances of the case. 1/4
For Petitioner : Mr.S.Mahaveer For Respondents : Mr.G.Nanmaran, Special Government Pleader for R1 Mr.V.Vijay Shankar for R2 Ms.S.Mythreye Chandru Special Government Pleader for R3 *****
O R D E R
The instant writ petition has been filed seeking the relief of writ of Mandamus, directing the second Respondent to consider the petitioner's representation dated 04.02.2025 and consequently direct the respondent to sanction the family pension from the date of death of petitioner's husband.
2. It is the submission of the petitioner that she married with CM.Fazalur Rahmon on 15.12.1977 and he died on 05.10.2011. It is also the submission of the petitioner that the first wife viz., Zahirunnisa already died on 27.11.1999 and the petitioner is the second wife of CM.Fazalur Rahmon. It is her further submission that the Tahsildar had also issued widow certificate to the petitioner. It is the further submission of the petitioner that after the demise of her husband late CM.Fazalur Rahmon on 05.10.2011, the respondent did not pay the family pension. In this regard, the petitioner already sent a representation dated 04.02.2025 and the same is yet to be considered.
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3. Heard the learned counsel for both sides and perused the materials available on record.
4. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner is yet to be considered, this Court without going into the merits of the matter, deems it appropriate to direct the 2nd respondent to consider the representation dated 04.02.2025 on it's own merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.
5. In the result, this Writ Petition is disposed of with the above directions. There shall be no order as to costs. 02.06.2025 kmi Index : Yes /No Speaking order : Yes/No 3/4
C.KUMARAPPAN, J.
kmi To
1. The Secretary to Government, Government of Tamil Nadu, Finance and Pension Department, St. George Fort, Secretariat, Chennai-600 009.
2. The Principal Accountant General (A & E) No.361, Anna Salai, Teynampet, Chennai-600 018.
3. The District Educational Officer (Sec), B Block 3rd Floor, Sathuvachari, Vellore-632 003.
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