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Madras High CourtWP/29024/2024disposed of

M.Dakka Bujjiamma v. The Secretary To Government

2024-10-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Dakka Bujjamma W/o.Late Mallem Kondaiah ... Petitioner Vs.

1.The Secretary to Government, Government of Tamil Nadu, Finance and Pension Department, St.George Fort, Secretariat, Chennai - 600 009.

2.The Principal Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai - 600 018.

3.The Administrative Officer, Royapettah Hospital, 1, West Cott Road, Royapettah, Chennai - 600 014.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 12.08.2024 and to issue monthly pension to the petitioner. 1/4

For Petitioner : Mr.K.Rahul For Respondents : Mr.U.Baranidharan, Additional Government Pleader [R1 & R2] Mr.M.Bindran, Additional Government Pleader [R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to consider the representation made by the petitioner dated 12.08.2024 wherein the petitioner has sought for payment of family pension.

2. Heard Mr.K.Rahul, learned counsel for petitioner, Mr.U.Baranidharan, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.M.Bindran, learned Additional Government Pleader appearing for third respondent.

3. The case of the petitioner is that her husband late Mallem Kondaiah was working at the Royapettah Government Hospital. Originally, he was married to the sister of the petitioner and his wife died on 02.04.1981. There was one male child through the marriage. Thereafter, the petitioner married late Mallem Kondaiah. Through this 2/4

marriage, two children were born. The husband of the petitioner died on 22.01.2022. He had voluntarily retired by then and his retirement benefits were given to him. According to the petitioner, her husband and herself are maintaining a joint account in which the amounts used to be credited. After the demise of her husband, the petitioner was requesting for family pension and representation made by the petitioner in this regard did not evoke any response. It is under these circumstances, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and based on the materials placed before this Court, there shall be a direction to the second respondent to deal with the representation made by the petitioner on 12.08.2024 on its own merits and in accordance with law and take a final decision within a period of six (6) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order. A copy of the representation shall also be marked to the third respondent.

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N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

01.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Secretary to Government, Government of Tamil Nadu, Finance and Pension Department, St.George Fort, Secretariat, Chennai - 600 009.

2.The Principal Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai - 600 018.

3.The Administrative Officer, Royapettah Hospital, 1, West Cott Road, Royapettah, Chennai - 600 014.

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