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Madras High CourtWP/29816/2024disposed of

P.Perumal v. The State Of Tamil Nadu

2024-10-04Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.29816 of 2024 P.Perumal ... Petitioner Vs.

1.The State of Tami Nadu rep. by its Additional Chief Secretary to Government, Finance (Pay Cell) Department, 2.The Under Secretary to Government, Finance (Pension) Department, 3.The Principal Accountant General (A & E) No.361, Anna Salai, Teynampet, Chennai 600 018.

4.The Assistant Treasury Officer, Sub Treasury Office, Attur, Salem District.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to sanction first slab of additional quantum of pension / family pension of 20 percentage to the petitioner (Pension Payment Order in P.P.O.No.C13533/POL dated 02.04.2002 and Pension case No.Po4/4P77- 689/AR / 2001- 2002 ) with effect from the date on which the petitioner attained the age of 80 years i.e. 15.04.2023 as per the Government order in G.O.Ms.No.313, Finance (pay Cell) Department, dated 25.10.2017 based on the representation made by the petitioner dated 09.08.2024.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.U.Baranidharan Additional Government Pleader

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to sanction the first slab of additional quantum of pension/family pension of 20% to the petitioner with effect from the date on which the petitioner attained the age of 80 years as per the Government order in G.O.Ms.No.313, Finance (pay Cell) Department, dated 25.10.2017. 2/6

2.Heard Mr.V.Elangovan, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Additional Government Pleader appearing on behalf of the respondents.

3.The case of the petitioner is that he was working in the Tamil Nadu Police Department as Inspector of Police. He retired from service on 30.04.2022. The petitioner was also the receiving pension amount and that is only the source of income for the petitioner.

4.The grievance of the petitioner is that G.O.Ms.No.313, dated 25.10.2017 was issued by the Government of Tamil Nadu, whereby, pensioners who have attained the age of 80 years are entitled for sanction of additional quantum of pension at the rate of 20%. The petitioner made representations in this regard for extending this relief granted by the Government Order. Since there was no response, the present writ petition has been filed before this Court. 5.Taking into consideration the facts and circumstances of the case and also the Government Order issued in G.O.Ms.No.313, dated 25.10.2017, there 3/6

shall be a direction to the 4th respondent to deal with the representation made by the petitioner on 09.08.2024 on its own merits and in accordance with law and in line with G.O.Ms.No.313, dated 25.10.2017 and pass appropriate orders, within a period of six weeks from the date of receipt of copy of this order. 6.The petitioner is directed to make a fresh representation to the 4th respondent along with all the relevant documents and also a copy of this order. 7.This writ petition is disposed of with the above directions. No Costs. 04.10.2024 Internet : Yes (2/2) Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Additional Chief Secretary to Government, State of Tami Nadu Finance (Pay Cell) Department, 4/6

2.The Under Secretary to Government, Finance (Pension) Department, 3.The Principal Accountant General (A & E) No.361, Anna Salai, Teynampet, Chennai 600 018.

4.The Assistant Treasury Officer, Sub Treasury Office, Omalur, Salem District.

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N. ANAND VENKATESH, J.

ssr W.P.No.29816 of 2024 04.10.2024 (2/2) 6/6