C.Ramesh v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

MR.JUSTICE N.SESHASAYEE C.Ramesh ... Petitioner Vs.

1.The Chairman Chennai Port Trust, Chennai 2.Senior Accounts Officer (Pension) Chennai Port Trust, Chennai ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to consider petitioner's representation dated 23.04.2023 thereby directing the respondents to grant and pay the family pension benefits to the petitioner taking into account of his father's service in the respondents Port Trust. For Petitioner : Mr.S.Gopinathan For Respondents : Mr.S.Haja Mohideen Gisthi

ORDER

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By consent, this writ petition is taken up for final disposal at the admission stage.

2.The petitioner claims that he is 70% blind and was dependent wholly on the income of his deceased father. On the demise of his father, family pension was given to his mother and that she too has now died. He now has filed a representation dated 23.04.2023 to the respondents to provide him the family pension.

3.Relying on the 2nd proviso to Rule 54 (6) (iv) of Central Civil Services Pension Rules, the learned counsel submitted that when the son or daughter of a Government servant is suffering from any disorder or disability or unable to earn a living, then he or she would be entitled to receive family pension.

4.Mr.S.Haja Mohideen Gisthi, the learned counsel takes notice for the respondents.

5.This Court, now directs the respondent authorities to consider the 2/4

representation of the petitioner dated 23.04.2023,in the light of Rule 54 (6) (iv) of Central Civil Services Pension Rules. 6.The writ petition stands disposed of accordingly in limine. No costs. 04.07.2023 kas Index : Yes / No To 1.The Chairman Chennai Port Trust, Chennai 2.Senior Accounts Officer (Pension) Chennai Port Trust, Chennai N.SESHASAYEE, J.

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