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Madras High CourtWP/23197/2021disposed of

M.Madhamal v. The Union Government Of India

2021-10-27Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2021

CORAM

THE HON'BLE MR. JUSTICE C.SARAVANAN W.P. No.23197 of 2021 (Through Video Conferencing) M.Madhamal ... Petitioner Vs 1.The Union Government of India, Ministry of Home Affairs, Directorate General Border Security Force Pay and Accounts Division, (PAO-CENTER-EOP), Pushpa Bhawan, Madangir, New Delhi - 62.

2.The Union Government of India, Ministry of Finance, Department of Expenditure, Central Pension Accounting Office, Trikoot-II, Bhikaji Cama Place, New Delhi - 66.

3.The Senior Accounts Officer, Pay and Accounts Division (BSF), Pension -III Section, Pushpa Bhawan, Madangir, New Delhi - 62.

4.The Commandant, HQ 181 Bn BSF, Azimgarh, Abohar, Distt-Fazilka (Punjab) Pin Code - 152 116.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 14.07.2021 and pay family pension to the petitioner from the date of stoppage of family pension to the petitioner from the date of stoppage of family pension to the petitioner daughter in law Mrs.Nithya on account of her remarriage till the date of payment with 12% per annum.

For Petitioner : Mr.C.Mahendran For Respondents: Mr.C.Kulanthaivel, SPC Government of India

ORDER

This writ petition is disposed at the time of admission based on the submission made by the learned counsel for the petitioner and the learned Senior Panel Counsel, Government of India for the respondents. The petitioner has sent a representation dated 14.07.2021 to the 3rd and 4th respondents. 2.The learned Senior Panel counsel for the respondent submits that the representation ought to have been sent to the 4th respondent at the following address:- "HQr 181 Bn BSF Azimgarh, Abohar Distt-Fazilka (Punjab) Pin Code - 152 116."

He therefore submits that a fresh representation may be sent by the petitioner to the 4th respondent to the above said address. 3.Recording the same, this writ petition is disposed by directing the 4th respondent to consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to file a fresh copy of the representation with the 4th respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar jas

To 1.The Union Government of India, Ministry of Home Affairs, Directorate General Border Security Force Pay and Accounts Division, (PAO-CENTER-EOP), Pushpa Bhawan, Madangir, New Delhi - 62.

2.The Union Government of India, Ministry of Finance, Department of Expenditure, Central Pension Accounting Office, Trikoot-II, Bhikaji Cama Place, New Delhi - 66. 3.The Senior Accounts Officer, Pay and Accounts Division (BSF), Pension -III Section, Pushpa Bhawan, Madangir, New Delhi - 62.

4.The Commandant, HQ 181 Bn BSF, Azimgarh, Abohar, Distt-Fazilka (Punjab), Pin Code - 152 116.

+1 cc to Mr. C.Mahendran, Advocate Sr.NO. 56328 +1 cc to Mr. C.Kulanthaivel, Advocate Sr.NO. 55308 W.P. No.23197 of 2021 SPD(CO) A.SK(21.12.2021) 27.10.2021