S.K.Jayamani v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.K.Jayamani
...Petitioner
Vs.
1.
The Commissioner, Salem Corporation, Salem-1.
2.
The Deputy Director, Salem Corporation, Salem-1.
3.
The Director, Perasiriyar K.Anbalagan Maligai, 4th Floor, Nandanam, Chennai-600 035.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second and third respondents to sanction life time family pension to the petitioner in accordance with G.O.Ms.No.325 (Finance and Pension) Department dated 28.11.2011. 1/6
For Petitioner : M/s.T.Hemalatha For Respondents : Mr.S.Yashwanth, AGP, for R2 & R3 : Ms.N.Devi, Standing Counsel, for R1
ORDER
This Writ petition has been filed seeking to direct the 2nd and 3rd respondents to sanction life time family pension to the petitioner in accordance with G.O.Ms.No.325 (Finance and Pension) Department dated 28.11.2011.
2. Ms.N.Devi, learned Standing Counsel takes notice on behalf of the 1st respondent, Mr.S.Yashwanth, learned Additional Government Pleader takes notice on behalf of the 2nd and 3rd respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that her father namely, S.N.Krishnamoorthy was working as an Attender in Salem Corporation and he passed away on 20.11.1975, while he was in service. Thereafter, the 2/6
petitioner's mother, namely K.Balamani alias P.K.Saraswathi was receiving family pension. While so, the petitioner's mother also passed away on 20.06.2020 and in the mean time, the petitioner's husband had also passed away on 24.03.2002. As the Government of Tamil Nadu has issued G.O.Ms.No.325 (Finance and Pension) Department dated 28.11.2011, in and by which the widowed daughter of pensioner/Family pensioner would be entitled to family pension for their entire life time, on condition that, the widowed daughter should not get re-married, the petitioner made an application to the 1st respondent on 25.04.2022, seeking for grant of family pension to her and she also submitted a detailed representation to the Assistant Director, Local Fund Audit to that effect. However, as the same was kept under process with the 3rd respondent for a long period of time, the petitioner had recently sent a detailed representation dated 23.07.2025 to the respondents referring to all her earlier representations seeking for family pension, which evoked no response. Hence, this Writ petition.
4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues 3/6
direction to the 2nd and 3rd respondents to sanction life time family pension to the petitioner, by considering her representation dated 23.07.2025, in the light of G.O.Ms.No.325 (Finance and Pension) Department dated 28.11.2011.
5. Per contra, Mr.S.Yashwanth, learned Additional Government Pleader appearing on behalf of the 2nd and 3rd respondents submitted that, the petitioner had made representation before the 1st respondent and only if the 1st respondent forwards the same to the 2nd and 3rd respondents, the petitioner's claim can be considered and appropriate orders could be passed.
6. In response, Ms.N.Devi, learned Standing Counsel appearing on behalf of the 1st respondent submitted that, necessary steps will be taken to forward the petitioner's representation dated 23.07.2025.
7. Considering the above submission made by the learned counsel for the parties, this Court without going into the merits of the case, directs the 1st respondent to forward the petitioner's representation dated 23.07.2025 to the 4/6
2nd and 3rd respondents within a period of one week from the date of receipt of a copy of this order and upon receipt of such representation, the 2nd and 3rd respondents shall consider the said representation dated 23.07.2025 filed by the petitioner in terms of the Government orders regarding payment of family pension and pass appropriate orders on merits and in accordance with law within a period of six (6) weeks thereafter, after hearing the petitioner and aggrieved persons, if any.
8. Accordingly, this Writ petition stands disposed of. No costs. 11.09.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The Commissioner, Salem Corporation, Salem-1.
2.
The Deputy Director, Salem Corporation, Salem-1.
5/6
A.D.JAGADISH CHANDIRA, J.
skt 3.
The Director, Perasiriyar K.Anbalagan Maligai, 4th Floor, Nandanam, Chennai-600 035.
11.09.2025 6/6