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Madras High CourtWP/19639/2021disposed of

D.Sumathi v. The State Of Tamilnadu

2021-09-16Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.19639 of 2021 (Through Video Conferencing) D.Sumathi

...Petitioner

Vs

1. The State of Tamil Nadu, Rep. by the Secretary to Government, Education Department, Fort St.George,Chennai - 9.

2. The Director of School Education, College Road,Chennai - 09.

3. The Chief Educational Officer, Vellore District.

4. The District Educational Officer, Thiruppathur, Vellore District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 02.08.2021 to pay the monetary benefits from the year 2004 to 2007 (until the date of death of the petitioner's husband on 03.06.2007) and consequently direct the respondents to pay family pension to the petitioner with all consequential benefits, arrears and continue to pay family pension or pass any other appropriate order. For Petitioner : Mrs. Dakshayani Reddy for Mr.S.Esairani Narasimman For Respondents : Mr.L.S.M Hasan Fizal Government Advocate

ORDER

Learned Counsel for the respondents submits that appropriate orders will be passed on the representation of the petitioner dated 02.08.2021 by correcting the date of death of the petitioner's husband as 03.06.2007 instead of granting relief to https://hcservices.ecourts.gov.in/hcservices/

the petitioner upto 31.03.2004.

2. A perusal of the impugned proceedings dated 17.04.2017 clearly shows that the petitioner's husband was died on 03.06.2007, whereas the benefit granted to the petitioner after his death has been restricted upto 31.03.2004. As per the G.O.Ms.No.68 dated 18.04.2013, the year of death of the petitioner's husband was recorded as 2004. The Service Register of the petitioner's husband also clearly indicates that petitioner's husband has passed away on 03.06.2007 while he was in service.

3. Recording the same, this writ petition is disposed by directing the 1st and 2nd respondents to consider the representation dated 02.08.2021 of the petitioner and dispose the same in accordance with law and on merits within a period of three months from the date of receipt of a copy of this order. No costs.

4. This writ petition stands disposed of with the above observations. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar drl/nst To

1. The Secretary to Government, The State of Tamil Nadu, Education Department, Fort St.George, Chennai - 9.

2. The Director of School Education, College Road, Chennai - 09.

3. The Chief Educational Officer, Vellore District.

4. The District Educational Officer, Thiruppathur, Vellore District.

+1cc to M/s.S.Esairani Narasimman, Advocate, S.R.No.47134 W.P.No.19639 of 2021 KSM(CO) RGA(27/09/2021) https://hcservices.ecourts.gov.in/hcservices/