Sudharani v. The Commissioner Of Treasuries And Accounts
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Sudharani ... Petitioner Vs.
1.The Commissioner of Treasuries and Accounts, Office of the Principal Secretary/ Commissioner of Treasuries and Accounts Department, Guindy, Chennai - 600 025.
2.The Additional Director (NPS), Commissionerate of Treasuries and Accounts, Guindy, Chennai - 600 025.
3.The Chief Accounts Officer, Office of the Commissionerate of Treasuries and Accounts, CPS Cell, Kotturpuram, Chennai - 600 025.
4.The District Treasury Officer, District Treasury, Vellore District, Vellore - 632 009.
5.The Superintendent of Police, Vellore Police District, Vellore - 632 012.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 5th respondent to proceed in accordance with the authorization letter issued by the 2nd respondent vide Page No.1 of 5
Final Authorization No.04931/B-504/CPS-2019 dated 07.08.2019 and consequently direct the respondents to disburse the accrued amount vested in the petitioner's late husband's pension account vide CPS Account No.7068917/POL, based on the petitioner's representation dated 08.07.2023, within a time period to the stipulated by this Court. For Petitioner :
Mr.V.Ramanareddy For Respondents :
Mr.V.Baranidharan, Additional Government Pleader
ORDER
This Writ Petition has been filed to direct the 5th respondent to proceed in accordance with the authorization letter issued by the 2nd respondent vide Final Authorization No.04931/B-504/CPS-2019, dated 07.08.2019 and consequently, direct the respondents to disburse the accrued amount vested in the pension of the petitioner's husband vide CPS Account No.7068917/POL, based on the petitioner's representation, dated 08.07.2023.
2.The contention of the learned counsel for the petitioner is that the petitioner's husband died on 08.04.2019 while he was working in the Tamil Nadu Police Department as Grade-I Police. Since the petitioner being the wife of the deceased, entitled to the credit of the retirement benefits of her husband, the 2nd respondent issued an authorization letter vide Final Page No.2 of 5
Authorization No.04931/B-504/CPS-2019, dated 07.08.2019 to the 5th respondent authorizing the petitioner to draw the retirement benefits. Despite the same, the petitioner was not paid with the terminal benefits of her husband. In this regard, the petitioner has given representation, dated 08.07.2023 to the respondents, however, the same has not been considered. Hence, seeks direction of this Court.
3.The learned Additional Government Pleader appearing for the respondents submitted that the 5th respondent has to pass appropriate orders on the representation of the petitioner.
4.Taking into consideration the fact that an authorization letter has been issued in the year 2019 authorizing the petitioner to draw the terminal benefits of her husband, this Court directs the 5th respondent to consider the representation of the petitioner, dated 08.07.2023 and pass orders on merits and in accordance with law, within a month, from the date of receipt of a copy of this order.
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5.With the above direction, this Writ Petition is disposed of. No costs.
19.09.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Commissioner of Treasuries and Accounts, Office of the Principal Secretary/ Commissioner of Treasuries and Accounts Department, Guindy, Chennai - 600 025.
2.The Additional Director (NPS), Commissionerate of Treasuries and Accounts, Guindy, Chennai - 600 025.
3.The Chief Accounts Officer, Office of the Commissionerate of Treasuries and Accounts, CPS Cell, Kotturpuram, Chennai - 600 025.
4.The District Treasury Officer, District Treasury, Vellore District, Vellore - 632 009.
5.The Superintendent of Police, Vellore Police District, Vellore - 632 012.
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N.SATHISH KUMAR , J.
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