R.Chithra Devi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.28299 of 2021 and W.M.P.Nos.29881 & 29883 of 2021 R.Chithra Devi

...Petitioner

vs.

1. The Secretary to Government, Municipal Administration and Water Supply Department, Chennai - 600 009.

2. The Director of Municipal, Administration, Chepauk, Chennai - 600 009.

3. The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 28.

4. The Commissioner of Municipal Corporation, Udumalaipettai - 642 126.

5. The Assistant Director of Local Fund Audit (Municipal Pension Verification), Integrated Complex for Finance Department, Animal Husbandry Hospital Campus, Nandanam, Chennai - 600 035.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned order passed by the 5th respondent in proceedings Mu.Nu.No.26722/Na.O.Sa.(1)/2017 dated 04.08.2017 and quash the same and consequently direct the respondents to grant Family Pension, Gratuity and other Monetary Benefits to the petitioner under the Tamil Nadu Pension Rules, 1978, with interest, from the date of the death of my husband, i.e., 25.08.2015. For Petitioner : Mr.V.L.Akshai Sajin Kumar For RR1 to 3 & 5 : Mrs.P.Rajarajeswari Government Advocate For R4 : Mr.B.Anand

O R D E R

This writ petition has been filed seeking to issue a Certiorarified Mandamus, quashing the impugned order passed by the 5th respondent in proceedings Mu.Nu.No.26722/Na.O.Sa.(1)/2017 dated 04.08.2017 and consequently direct the respondents to grant Family Pension, Gratuity and other Monetary Benefits to the petitioner under the Tamil Nadu Pension Rules, 1978, with interest, from the date of the death of petitioner's husband, i.e., 25.08.2015.

2. The case of the petitioner in brief:

The petitioner's husband namely late Ravichandran joined service as a Technical Assistant on 02.01.1996 as NMR in Engineering Section, Municipal Office, Dharapuram. Subsequently, he was appointed as Assistant Draughtsman in Municipal Officer Dharapuram vide order dated 01.10.1999. His service was regularized vide order dated 30.12.2002, with effect from 31.12.2002. Thereafter, he was promoted to the post of Draughtsman on 29.03.2010 and again promoted to the post of Drinking Water Supervisor vide proceedings dated 31.12.2014. He died on 25.08.2015. The petitioner made application seeking to disburse family pension, Gratuity and other monetary benefits. Her request was duly recommended by the 4th respondent and it was sent to second respondent. However, the 5th respondent, vide order dated 04.08.2017, rejecting the claim of the petitioner, stating that her husband's service ought to have regularized from the year 2006, as per G.O.Ms.No.21 dated 23.02.2006, but, it was erroneously regularised from the year 2002.

3. According to the petitioner, her husband's service was regularized in the year 2002 and it was remained unquestioned till his death on 25.08.2015 and only after representation made by the petitioner, the 5th respondent stated that the service was wrongly regularized. Therefore, the impuged order may be quashed and the pensionary benenfits may be granted to the petitioner.

4. The learned Government Advocate submitted that the 4th respondent had recommended the claim of the petitioner and forwarded to the second respondent. The second respondent, had sent the proceedings to the first respondent seeking clarification with regard to the issue of regularisation of the petitioner's husband and the same is pending. He further submitted that, the first respondent will pass orders on the proposal sent by the second respondent, within a time frame as fixed by this court.

5. Inview of the above submission, this court is inclined to pass the following order.

i) The first respondent is directed to consider the proposal sent by the second respondent and take appropriate decision within a period of 12 weeks from the date of receipt of a copy of this order.

ii) The above order shall be communicated to the petitioner.

6. With the above direction, the writ petition stands disposed of.

No costs.

Consequently, connected writ miscellaneous petitions are closed.

Sd/- Assistant Registrar(LA) //True Copy// Sub Assistant Registrar mst To

1. The Secretary, Municipal Administration and Water Supply Department, Chennai - 600 009.

2. The Director of Municipal Administration, Chepauk, Chennai - 600 009.

3. The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 28.

4. The Commissioner of Municipal Corporation, Udumalaipettai - 642 126.

5. The Assistant Director of Local Fund Audit (Municipal Pension Verification), Integrated Complex for Finance Department, Animal Husbandry Hospital Campus, Nandanam, Chennai - 600 035.

+1cc to the Government Pleader, S.R.No.27146 W.P.No.28299 of 2021 RR(CO) SU(10/05/2022) SU(12/05/2022)