V.Hemavathy v. State,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2019 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.34246 of 2019 V.Hemavathy ..Petitioner Vs.

State represented by The Pension Pay Officer, Nandanam (Pension Pay Office), Chennai 600 035.

..Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 9.9.2019 for payment of arrears as per G.O.579 dated 15.9.2006.

For Petitioner : Ms.Jayanthi Venkatesh For Respondent : Mr.P.S.Shivashanmugasundaram, Special Government Pleader.

O R D E R

Mr.P.S.Shivashanmugasundaram, learned Special Government Pleader takes notice on behalf of the respondents. With the consent of the learned counsels on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2.This writ petition has been filed for issuance of writ of mandamus directing the respondent to consider the representation dated 09.09.2019, made by the petitioner seeking for payment of arrears in accordance with G.O.No.579 Finance(Pension) Department, dated 15.09.2006.

3.It is the case of the petitioner that the husband of the petitioner was working in the Transport Corporation as Traffic Inspector and he attained superannuation on 31.03.1993. He thereafter died in the year 2000 and the petitioner has been receiving the pension in her capacity as the wife of the deceased. The petitioner is claiming for certain benefits under G.O.No.579 dated 15.09.2006 and therefore, she has made representation to the respondent to consider the same and to

revise the pension and pay the arrears of the service benefits. In fact, the Pension Pay Officer himself has written a letter dated 19.12.2018, wherein he has informed the petitioner that the revision of pension and arrears of service benefits can be given only if proper orders is passed in that regard. Since no orders have been passed till date, the petitioner has come up with the present petition seeking for appropriate directions. 4.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the respondent to consider the representation made by the petitioner on 09.09.2019 and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to submit a fresh representation to the respondent along with the copy of the earlier representation dated 09.09.2019 and also a copy of this order.

5.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rm To The Pension Pay Officer, Nandanam (Pension Pay Office), Chennai 600 035.

+1 cc to Government Pleader Sr.No. 104871 +1cc to Mr.V.Chandramouli , Advocate SR.No. 103820 W.P.No.34246 of 2019 A.SK(23/01/2020)