Madras High CourtWP/29943/2022disposed of

Gowramma v. The Additional Chief Secretary

2022-11-11Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.11.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Gowramma .. Petitioner Vs.

1. The Additional Chief Secretary, Finance Department, Secretariat, Chennai-600 009.

2. The Principal Accountant General (A & E), Accounts General Office, 361, Anna Salai, Teynampettai, Chennai-600 018.

3. The District Collector, District Collectorate Office, Krishnagiri-635 115.

4. The Block Development Officer, Block Development Office, Hosur-635 109, Krishnagiri District.

5. The Tahsildar, Tahsildar Office, Shoolagiri-635 117, Krishnagiri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to sanction the pensionary benefits of the petitioner's deceased husband and terminal benefits and to pay the arrears of family pension with effect from 25.09.2000 to till date to the petitioner herein, together with interest at 12% p.a. by considering the petitioner's representation, dated 23.09.2022 within the time to be stipulated by this Court.

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For petitioner : Mr.R.Bharath Kumar For respondents: Mr.V.Ravi, Spl.G.P. for R-1 Mr.V.Vijay Shankar, Standing Counsel for R-2 Mr.N.Naveen Kumar, Govt. Advocate for RR-3 & 5 Mr.S.Yashwanth, Addl.G.P. for R-4

ORDER

This Writ Petition has been filed for a Mandamus to direct the respondents to sanction the pensionary benefits of the petitioner's deceased husband and terminal benefits and to pay the arrears of family pension with effect from 25.09.2000 to till date to the petitioner herein, together with interest at 12% p.a. by considering the petitioner's representation, dated 23.09.2022 within the time to be stipulated by this Court.

2. According to the petitioner, she is the wife of Late T.Muniyappa, who was working as Village Assistant of Athimugam Village and he died on 25.08.2000 while in service. According to her, even though her husband died on 25.08.2000 while in service, till date, the Family Pension has not been paid to her. The petitioner claims that she has given several representations after the death of her husband seeking for Family Pension. The last of such representation was given on 23.09.2022. Since the said representation has not been considered till date, she has filed the present Writ Petition.

3. Heard both sides and perused the materials available on record. 2 / 5

4. No prejudice would be caused to the respondents, if the said representation of the petitioner, is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5. This Court is not expressing any opinion on the merits of the claim of the petitioner.

6. Accordingly, this Court directs the respondents to pass final orders on the said representation of the petitioner, dated 23.09.2022 seeking for payment of Family Pension to her and other terminal benefits on account of the death of her husband on 25.08.2000 while in service, on merits and in accordance with law, within a period of 12weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

11.11.2022 Speaking Order: Yes/no cs To

1. The Additional Chief Secretary, Finance Department, Secretariat, Chennai-600 009.

2. The Principal Accountant General (A & E), Accounts General Office, 361, Anna Salai, 3 / 5

Teynampettai, Chennai-600 018.

3. The District Collector, District Collectorate Office, Krishnagiri-635 115.

4. The Block Development Officer, Block Development Office, Hosur-635 109, Krishnagiri District.

5. The Tahsildar, Tahsildar Office, Shoolagiri-635 117, Krishnagiri District.

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ABDUL QUDDHOSE, J cs 11.11.2022 5 / 5