K.Siva v. The Assistant Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.33209 of 2018 K.Siva ....Petitioner Vs 1.The Assistant Director Local Finance Audit Department Coordinated Finance Department Office Campus, 4th Floor, Nandanam, Chennai - 600 034.

2.The Block Development Officer Mailam Panchayat, Villupuram District.

....Respondents For Petitioner : M/s.M.Sathish Kumar For Respondent : Mr.R.S.Selvam, Government Advocate - for R1 Ms.K.Bhuvaneswari - for R2 Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to disburse the family pension and death benefits of the petitioner's deceased mother K.Vasantha, to the petitioner based on the recommendations of the second respondent in Na.Ka.A1/337/2018 dated 21.03.2018.

O R D E R

The petitioner's mother was working as a medical helper in Mailam Panchayat, Villupuram District, and retired from service on 31.01.2003, and died on 26.11.2017. The petitioner is a visually challenged person and after the death of his mother, the petitioner had submitted a representation dated 09.01.2018 to the respondents to disburse the death and family benefits. It is claimed that even in the pension book, the petitioner's name has been entered as nominee. The petitioner also claims that even the second respondent, had given his recommendation on 21.03.2018 to the first respondent to disburse the death benefits of the petitioner's mother to the petitioner. However, thereafter no further orders have been passed and no amount was disbursed to the petitioner. Hence, the petitioner has filed the present writ petition for appropriate relief.

2. Mr.R.S.Selvam, learned Government Advocate takes notice on behalf of the first respondent and Ms.K.Bhuvaneswari, takes notice on behalf of the second respondent.

https://hcservices.ecourts.gov.in/hcservices/

2A. The petitioner being the legal heir and nominee is entitled to the family pension and other benefits on account of the death of his mother.

3. Considering the facts and circumstances of the case, the first respondent is directed to consider the representation of the petitioner dated 09.01.2018 in the light of the recommendation made by the second respondent dated 21.03.2018, and pass appropriate orders thereon, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Assistant Director Local Finance Audit Department Coordinated Finance Department Office Campus, 4th Floor, Nandanam, Chennai - 600 034.

2.The Block Development Officer Mailam Panchayat, Villupuram District.

+1cc to Mr.M.Sathishkumar, Advocate, S.R.No.86812 W.P.No.33209 of 2018 GP(CO) rrs 14/12/2018 https://hcservices.ecourts.gov.in/hcservices/