S.Muniasamy v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.900 of 2016 S.Muniasamy .. Petitioner Vs.

1.The Government of Tamil Nadu, represented by its Secretary, Finance (Pension) Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Assistant Treasury Officer, Aruppukottai 626 101 Virudhunagar District.

.. Respondents Prayer :

Writ petition filed under Article 226 of the Constitution of the India praying for issuance of Writ of Mandamus directing the third respondent to dispose of the representation made by the petitioner on 1.3.2013 for sanction of Pensioner's family security fund in terms of G.O.Ms.No.184 Finance (Pension) Department dated 1.6.2012.

For Petitioner : Mr.K.Venkatesan For Respondents : Mr.S.Gunasekar, GA

O R D E R

By consent, this writ petition is taken up for final disposal.

2.The petitioner has filed this writ petition, directing the third respondent to dispose of his representation dated 01.03.2013 for sanction of Pensioner's family security fund in terms of G.O.Ms.No.184 Finance (Pension) Department dated 1.6.2012.

3.According to the petitioner, his wife by name R.Dhanabagyalakshmi worked as Secondary Grade Teacher in Panchayat Union Primary School, Muthuramalingapuram, Virudhunagar District and retired from service on 30.09.1997. Thereafter, she was sanctioned family pension and was receiving the same till her death i.e., on 28.12.2012.

4.It is the further case of the petitioner that his wife was contributing to the pensioner's Family Security Fund till the month of December 2012 and hence, the petitioner is entitled for the family security fund amount of Rs.35,000/- on the demise of his wife, in terms of G.O.Ms.No.184 Finance (Pension) Department dated 01.06.2012. For claiming the same, the petitioner made an application dated 01.03.2013 to the third respondent. In the mean while, the second respondent sent a letter dated 04.08.2014 to the third respondent directing him to dispose of the petitioner's representation seeking pensioners family security fund. Inspite of the same, no action is taken by the third respondent till date. Hence, the petitioner approached this court with the present writ petition.

5.Heard Mr.K.Venkatesan, learned counsel for the petitioner and Mr.S.Gunasekar, learned Government Advocate, who took notice for the respondents.

6.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the third respondent to consider the petitioner's representation dated 01.03.2013 and pass appropriate orders on merits and in accordance with law and also in the light of G.O.Ms.No.184 Finance (Pension) Department, dated 01.06.2012, within a period of four weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar(CS-VII) True Copy Sub-Assistant Registrar rk

To

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

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Assistant Treasury Officer, Aruppukottai 626 101 Virudhunagar District.

+1 cc to Government Pleader sr.2269/16 W.P.No.900 of 2016 vgl(co) aa01/02/2016