S.Sankari v. The Branch Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :04.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.7721 of 2015 S.Sankari ... Petitioner - Vs -

1. The Branch Manager Bank of Baroda Kovur Branch, Kovur Chennai - 600 128

2. The Treasury Officer Sub Treasury Office Poonamallee, Chennai - 600 056.

3. The District Forest Officer Thiruvallur Forest Division Thiruvallur, Thiruvallur District ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of mandamus directing the 1st respondent bank to return the pension pay order book of petitioner's husband, namely, Late R.Sundaravadivelu (His A/c. No.20460100001001) forthwith so as to enable her to get family pension from the 2nd respondent, consequently direct the 2nd respondent to sanction the family pension from the date of death of her husband i.e. 08.09.2014 with arrears for protecting her family livelihood within stipulated time.

For Petitioner : Mr.M.R.Jothimanian For R1 : Mr.P.V.Ramachandran For R2 : Mr. V.Jayaprakash Narayanan Special Government Pleader (Forest) For R3 : Mr. N.Inbanathan Government Advocate

ORDER

It is represented by the learned counsel for the petitioner as well as the learned counsel for the respondents 1 and 2 that pursuant to the order of this Court dated 20.11.2015, the first respondent Bank has returned the Pension Pay Order Book of the petitioner's husband to the petitioner.

2. The learned counsel for the third respondent submitted that the husband of the petitioner has retired from service in the year 2010 and that he was receiving Pension till his death, i.e. till 08.8.2014, but, due to non availability of Pension Pay Order, the second respondent has not sanctioned family pension from 08.9.2014.

3. Considering the above facts, this Court directs the petitioner to give fresh representation to the second respondent enclosing the copy of this order along with relevant documents within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent shall consider and dispose of the same on merits and in accordance with law, within a period of four weeks thereafter and communicate the decision taken, to the petitioner.

The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ga To

1. The Branch Manager Bank of Baroda Kovur Branch, Kovur Chennai - 600 128

2. The Treasury Officer Sub Treasury Office Poonamallee, Chennai - 600 056.

3. The District Forest Officer Thiruvallur Forest Division Thiruvallur, Thiruvallur District 1 cc to Mr.M.R. Jothimanian, Advocate, Sr. 65578 1 cc to Spl.Government Pleader (Forest), Sr. 65567 W.P.No.7721 of 2015 KGK (CO) kk 28/12