Sakunthala v. The District Forest Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32200 of 2016 Sakunthala ... Petitioner vs.

1. The District Forest Officer Villupuram Forest Range Near Circuit Bungalow Villupuram.

2. The Forest Extension Officer Ulunderpettai Villupuram District.

3. The Chief Forest Ranger Panagal Buildings Saidapet, Chennai-600 015 ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the first and second respondents to consider the representation of the petitioner dated 02.09.2014 and pass appropriate orders granting family pension to the petitioner.

For Petitioner :

Mr.S.Senthilnathan For Respondent : Mr.N.Inbanathan Government Advocate (F)

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ

petition for a mandamus, directing the first and second respondents to consider the representation of the petitioner dated 02.09.2014 and pass appropriate orders granting family pension to the petitioner.

3. It is the case of the petitioner that her husband K.Dharmalingam joined services under Forest Department on 01.01.1980 and while in service he died on 16.07.2013, due to ill health, leaving behind his wife, daughter, son and grandsons as his legal heirs. It is further stated that though her husband died on 2013, the family pension payable to the petitioner has not been granted. In this regard, she made a representation dated 02.09.2014 to the first respondent requesting him to grant family pension. The first respondent on receipt of her representation sent a letter dated 09.09.2016 to the second respondent asking him to take appropriate action. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (F), who has taken notice on behalf of the respondents.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the first respondent to consider the representation of the petitioner dated 02.09.2014 seeking to grant family pension to the petitioner, and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the present writ petition is disposed of. No costs.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

arr To

1. The District Forest Officer Villupuram Forest Range Near Circuit Bungalow Villupuram.

2. The Forest Extension Officer Ulunderpettai Villupuram District.

3. The Chief Forest Ranger Panagal Buildings Saidapet, Chennai-600 015 +1 CC to Mr. S. Senthilnathan, Advocate Sr.No.52152 +1 CC to Spl. Government Pleader, Sr.No.52257 Writ Petition No.32200 of 2016 KGK (CO) MD : 17/10/2016